View the tenant's checklist and landlord's checklist. As of 9:00 pm EST on January 20, 2023, ERAP applications are no longer being accepted. An individual, full-time college student is eligible for this program only if the individual in the household is not claimed as a dependent by their parents or legal guardians pursuant to IRS rules. Where a landlord in a community participating in the State's ERAP program fails or refuses to provide information needed to make a rental arrears payment to the landlord on behalf of a tenant after reasonable efforts (including outreach) as provided for under State law, the amount of rental assistance that the landlord would have been paid is set aside for at least 180 days so that the landlord may submit the required information. Are electrical utility arrears for tenants who live in sub-metered apartments eligible for ERAP? During the last four years, the TPU has successfully returned 50,000 improperly deregulated apartments in NYC to rent regulation and restored more than $2.25 million in overcharged rent to tenants. More information is available by calling the Onondaga County Lead Poisoning Control Program at 315.435.3271 and by visiting our . City of Syracuse Division of Code Enforcement. This is the first conviction based on a referral by the Governors TPU that has resulted in a landlord being sentenced to serve jail time. The educational event provided NYLAG an insight into TPU, discussed how the TPU generally operates, along with its mission and scope. Prior to that time, subletters were eligible to apply for ERAP assuming they met other eligibility requirements outlined in Question #2 above. TPUs attorneys enforce New Yorks rent regulation laws and seek injunctive relief through negotiated settlements or litigation. In 2012, to increase compliance with these laws and further protect rent-regulated tenants, the Tenant Protection Unit (TPU) was created to act as a proactive law enforcement office within New York State Homes and Community Renewal. No. If your ERAP application or appeal is denied and you still owe rental arrears or are facing eviction, you can contact your Local Department of Social Services for help applying for emergency assistance. I disagree with the decision. Based on internal data, TPU determined that since 2009, thousands of units that had previously been registering with HCR, had disappeared from the rent registration logs without notice or explanation. The TPU is comprised of three units:Audit/Investigatory Renters Rights Hotline Community Alliance of Tenants In April 2020, the City launched the Tenant Helpline to serve as a one-stop shop to inform New York City tenants about their rights and connect them to housing-related resources, including free legal services: The Tenant Helpline is staffed by housing Specialists from PEU's Tenant Support Unit (TSU) who can triage a wide variety of calls and immediately determine whether a client will need comprehensive case management or a simple referral (to another agency or CBO). Housing & Tenants Rights Resources Find information about a wide array of housing resources available, including affordable housing, options for those experiencing homelessness, senior living, and more. I don't speak English or don't speak English well enough to read my. The discussion focused on the roles and responsibilities of the TPU, and how the TPU works with local governments to preserve affordable housing. The Asian-American tenants, among them seniors and families, many who have spend decades in their apartments, were threaten with eviction in Housing Court for allegedly living elsewhere when there was clear evidence that they lived, worked, and contributed to the growth of the community. Yes. No, only gas and/or electric utility arrears may be paid for households determined eligible for rental arrears assistance under ERAP. Hotlines | LawHelpNY Applications are being reviewed and processed in the order received, consistent with State law, program rules, and as long as funding remains available. No, eligible households are not required to repay rental payments, rental arrears or utility arrears assistance provided through ERAP. Notorious Brooklyn landlords, Joel and Aaron Israel, who were subpoenaed by TPU in April 2014, are indicted by the Brooklyn DAs Office for destroying their tenants apartments in Bushwick, Greenpoint and Williamsburg and trying to force families out of their homes. Do I need to repay assistance provided through ERAP? What if there is a dispute between the tenant and landlord over the amount of rental arrears owed? As a landlord, can I apply on behalf of my tenant?**. Is currently unemployed for at least 90 days; or, Is experiencing domestic violence or is a survivor of human trafficking; or, Has an eviction case related to their current residence pending in court; or, Lives in a community that was disproportionately impacted by. Yes, if your portion of the rent has not been paid and you meet the ERAP eligibility requirements. 641 Lexington Avenue Your landlord must agree to the following terms as a condition of accepting rental arrears payments: A landlord may seek to evict you if you intentionally cause significant damage to the landlords' property or persistently and unreasonably engage in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. Am I eligible for the Emergency Rental Assistance Program? All of these hotlines are free and confidential. The impact can be either directly or indirectly related to the COVID-19 pandemic. Applicants in this situation or who believe they have received the incorrect amount may submit an appeal or contact the ERAP Call Center for assistance with submitting an appeal. Income of all adults in the household 18 years of age or older is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations. Thanks to terrific weather, the turnout was very successful with scores of community members visiting the event. The following other four jurisdictions that originally opted to run their own programs have indicated that they have obligated all of the funds that they received directly from the Federal government and are now participating in the State-run program. Once a tenant provides their landlord's contact information, the landlord will receive an invitation by email, postal mail or text to complete their portion of the application. NYS Homes & Community Renewal In order to be eligible for ERAP, a household must have unpaid rent owed to the landlord or property management company. Please go to https://otda.ny.gov/programs/emergency-rental-assistance/legal-providers/ for additional information. Yes, tenants who have applied for ERAP before the portal closed continue to receive eviction protections while their application is pending. Bronx: 718-991-4600. If the tenant is determined eligible for ERAP assistance and the landlord cannot be contacted to provide necessary information so the rental payment may be issued, the State will hold such funds on behalf of the tenant for at least 180 days. The Emergency Rental Assistance Program (ERAP) is an economic relief program developed to help eligible households residing in at their primary residence in New York State request assistance for rental and utility arrears accumulated during the COVID-19 crisis. NYLAG, Legal Aid Society, Legal Services NYC, and others call for $351 million in increased funding in the Citys FY24 budget to save New Yorks landmark Right to Counsel program. Numerous government agencies, legal services providers, and tenant rights organizations participated at the outdoor event to provide information and resources to the community. Residential Tenants' Rights Guide - New York State Attorney General No. What is the Emergency Rental Assistance Program and what help does it provide? There are certain instances in which you should consider submitting an appeal When to consider appealing your ERAP decision. advocates. If you are having difficulty logging into your ERAP account, please call the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) for assistance. The property owner or authorized property management company will be required to sign the application form and associated certifications agreeing that the information provided, including the amount of rental arrears owed, is accurate and does not duplicate a payment received from another program. Queens: 718-286-2450. The East Village landlord who received an August 2014 TPU Cease and Desist letter instructing the buildings tenants to vacate their homes based on demolition without filing the legally required documents rescinded his, her or their unlawful letter to his tenants and agreed to a revised schedule to rehab that building that accommodates the tenants needs. This page is available in other languages, Nov 10, 2022 - TPU, under the leadership of Deputy Commissioner Pavita Krishnaswamy, celebrates its 10. Please call 1-844-NY1-RENT (1-844-691-7368) for assistance or reach out to a community-based organization in your area. Landlord/Tenant | Fair Housing - Orange County Call 311 and ask for the Tenant Helpline to get connected to a PEU Specialist! Am I still protected from eviction? You may wish to consult an attorney. Free Tenant Resources Renters Rights Hotline Mondays, wednesdays, fridays, and saturdays 1-5pm and tuesdays 6-8pm - 503-288-0130. At a time of increasing rents, record level homelessness, and soaring eviction cases, the City must invest in protections that preserve affordable housing and keep tenants safe, not take them away.. Areas disproportionally impacted by COVID-19 are determined based on a community's rate of COVID-19 infection or rate of Unemployment Insurance Benefit claims. A joint investigation by the office of NYAG and the TPU, found that Raphael Toledano, founder of Brookhill Properties, has engaged in a pattern of fraudulent and illegal conduct throughout his time as a landlord and developer. Legal Assistance of Western New York, Inc . There may be rare instances in which landlords are approved for a certain amount but receive an overpayment or duplicate payment. Landlords were able to start the application process and may provide required landlord information online. Committee & HCCI Tenant Resource Fair Flyer. The brochure addresses topics such as types of housing, leases, repairs, rent control, utilities and resources. Yes. The TPU, represented by Legal Director Argyro Boyle and Senior Attorney Tom Mennecke, attended P.A.L.A.N.T.E.s How to Protect Yourself Against Landlord Harassment on April 26, 2022. Rights Landlords/property owners will receive 1099 forms for any rental assistance received pursuant to ERAP or LRAP for tax filing purposes. Tenant Rights & Responsibilities 75 College Ave4th FloorRochester, NY 14607 INTRODUCTION The purpose of this booklet is to inform tenants of their rights and responsibilities when they enter arental agreement with a landlord. I live in subsidized housing that calculates my rent as a percentage of my income, when will my application be processed? If a tenant owes rental arrears from before March 13, 2020, or does not pay rent in the future, a landlord can begin an eviction proceeding. Self-attestation of income through a written and signed statement of income is permitted in certain circumstances where no documentation is available, such as certain types of self-employment. The TPU expands its investigations with the largest single audit of owners in history of the agency. The sublessor or the property owner/manager? Prior to this proactive initiative, the agency would not act on this type of issue without a tenant complaint. The TPU serves a Cease and Desist letter on an East Village landlord who sent a letter to his buildings tenants requiring them to vacate their homes based on demolition without filing the legally required documents. Eviction? On Saturday, September 18, 2021, Tenant Protection Unit (TPU) Senior Attorneys Monique Thomas and Thomas Mennecke participated in the Chhaya CDC Housing Fair, meeting with dozens of tenants and answering questions about rent stabilization. Will tenants who rent a single room be eligible for ERAP? Can subletters be eligible to apply for ERAP? Notorious Landlord, Raphael Toledano, To Pay $3 Million, Other Penalties For Harassing NY Tenants, State of New York Mortgage Agency (SONYMA), https://hcr.ny.gov/news/nys-homes-and-community-renewal-and-tenant-harassment-prevention-task-force-stop-bad-landlords, Attorney General James AndGovernor Cuomo Announce Lawsuit Against Queens Landlord For Violating Rent Stabilization Laws And Tenant Harassment, A.G. Underwood Files Lawsuit Against Queens Landlords For Evading Over $470k in Property Taxes and Deceiving Tenants, Rent-regulation crackdown is definitely impacting multifamily sales: Treetops Mermelstein, Governor Cuomo, A.G. Schneiderman, & Mayor De Blasio Announce Settlement with Major NYC Landlord to End Tenant Harassment and Hazardous Living Conditions, Attorney General Schneiderman Announces Guilty Verdict For Brooklyn Landlord Who Harassed Rent Regulated Tenants, Statement from Governor Andrew M. Cuomo Regarding State Supreme Court Ruling Upholding the Governor's Tenant Protection Unit and Rent Law Reforms, A.G. Schneiderman Announces Guilty Plea Of Major NYC Landlord Steven Croman, A.G. Schneiderman Announces Indictment Of NYC Landlord Dean Galasso For Mortgage Fraud, Language Accessibility - Espaol - - - - Italiano - Kreyl ayisyen - . I was not able to pay my monthly rent, so my friend paid the landlord on my behalf. What if I move from my apartment after I apply for. The Settlement Agreement was the first joint resolution for the Task Force, which was formed to share real-time resources and information and to allow members to ensure comprehensive relief for tenants. Individuals do not need to have a lawful immigration status to qualify for the program. Forensic Analysis Gross income includes income before any deductions are made, including taxes. HCR enforces the housing laws regarding such rent-regulated apartments. The state announces unprecedented agreement with Castellan Real Estate Partners/Liberty Place Property Management to end harassment and compensate tenants, including many who are Spanish speaking or immigrant, in 1,800 NYC apartments. Storage of Property Post-Evict. The fastest way to see if you qualify for free legal assistance in a housing matter is to call The Legal Aid Society neighborhood office in your borough: Manhattan: 212-426-3000. Questions about your rights? If a landlord does not respond, can the rental payments be made to tenants? If you have an eviction case in New York City and are looking for . The Legal Aid Society 212-577-3300. The Fair Housing Council of Orange County provides counseling concerning housing rights, obligations and laws, and answers questions about the rights and obligations of landlords or tenants. If you need a referral to a lawyer and you are not eligible for free legal services, contact the New York City Bar Legal Referral Service at 212-626-7373. If a landlord refuses to accept an ERAP payment for rental arrears owed by a tenant, the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. No. Residents of these jurisdictions may be eligible for assistance from the State-run program as of the dates noted below. This guidance discusses the rights of immigrant tenants in New York, and answers some important questions. To be eligible, a household must demonstrate that they have an existing rental obligation for their current primary residence in New York State for which rental arrears are owed. If your landlord does try to evict you because you did not pay rent during the COVID-19 covered period, you can raise financial hardship as a defense. Yes. 45 Main Street Batavia, NY 14020 (Tel) 585.343.5450 (Fax) 585.343.5503. TPU served a comprehensive subpoena on an East Village landlord who has allegedly engaged in the harassment of Spanish-speaking tenants in order to force them out of their rent-regulated apartments. To access these services, please call 311 and ask for the "Tenant Helpline", visit the Mayor's Office to Protect Tenants' Information and Resources for NYC Tenants Impacted by COVID-19 webpage, or fill out their Contact Us form. Copyright 2023 NYLAG | All Rights Reserved, Supporting Survivors of Violence & Discrimination, Securing Access to Health Care & Essential Benefits, Partnering with NYC Communities to Expand Legal Access, City Limits: Vacant NYCHA Units Continue to Increase, With Transfers Complicated by PACT, Joint Statement Applauding NYC Council Progressive Caucus Call for $351 Million in City Budget for Right to Counsel so Tenants Facing Eviction Can Stay in Their Homes, Lack of Funding Continues to Jeopardize Right to Counsel Providers Ability to Represent Low-Income Tenants in NYC Housing Court, Representing individuals and families in Housing Court eviction cases, Advocating before administrative agencies, including NYCHA and Section 8. As of September 2, 2021, the restrictions on eviction provided under the State ERAP law also applied in the 7 communities that elected to operate their own emergency rental assistance programs. Yes. The state announces the signing of a settlement agreement with a Crown Heights/Flatbush landlord who was subpoenaed in April 2013 for engaging in a pattern of abusive behavior towards his residents and flagrant violation of rent laws. Tenants in New York State may be eligible for ERAP if all the following apply: There are no immigration status requirements to qualify for the program. **, Are those types of subsidized housing that are required to charge rents at 30% of tenants' adjusted incomes allowed to raise my rent if they accept an. The Forensic Analysis Unit provides the necessary information to support new and ongoing audits and investigations through analyses, reports, and dashboards. Application assistance services are also available to landlords, tenants, and their assigned designees through the ERAP Call Center at 844-NY1-RENT (844-691-7368). All requests for assistance are handled through the Housing Hotline. https://home.treasury.gov/system/files/136/Payments-to-Tribes-and-TDHEs.pdf, https://otda.ny.gov/workingfamilies/dss.asp, https://otda.ny.gov/programs/emergency-rental-assistance/legal-providers/. In addition, letters were issued to owners who had provided inadequate responses to the TPUs initial audit and request, and for the first time owners who failed to respond were served with subpoenas for compliance. ERAP payments are made for rental arrears and three months prospective rent, if eligible. On July 27, 2022, TPU Attorneys Tom Mennecke and Bill Ploskli, along with Legal Interns Rachelle Casement and Althea Lamel, presented a Lunch and Learn with NYLAGs (New York Legal Assistance Group) Tenants Rights Unit. You may challenge the appeal denial by visiting the New York Courts System website and filing a review as outlined in Article 78 within four months of receiving the decision. If you have questions about any of the material covered in this guide, or you need our assistance with a tenant matter, please do not hesitate to contact my office at (800) 771-7755 or visit my website at ag.ny.gov. No, your rent is still due. The rental arrears payment for any prior months of rent due will be paid to your landlord. The applicant was required to show evidence of a rental obligation which may include a previously signed sublease or demonstrated history of rental payments in the form of cancelled checks or bank statements. These individuals will receive a notice detailing how to return the overage, which states: If you believe that you have received an overpayment or duplicate payment and have not yet received a notice about how to return the overage, please contact the ERAP Call Center to discuss next steps. With the assistance of TPUs investigation, the NYS Attorney Generals Office, on October 23, 2018, filed a civil lawsuit against Ram and Eldad Cohen, with their real estate company ERC Holding, LLC for allegedly engaging in a fraudulent scheme to avoid paying $479,000 in property taxes, manipulate tenants leases, providing fraudulent information to government agencies, including DHCR, and artificially inflating the sale price of the rent-regulated building located at 71-44 160th Street, Fresh Meadows, NY. Landlords also have certain rights, such as the right to timely rent payments and for reimbursement of costs for property damage beyond normal wear and tear. If you have paid the property owner, the sublessee is not eligible for ERAP. **, If a submitted application is deemed incomplete or includes insufficient documentation, will. Households who were denied ERAP and need assistance can contact the following alternative resources: As of 9:00pm EST on January 20, 2023, applications are no longer being accepted. Signed. Households that participated in the COVID Rent Relief Program but who still have past due rent that is unpaid may be eligible for additional help through ERAP. The settlement requires ICON to pay $500,000 in penalties, fees, and costs, to hire a third-party administrator to monitor its compliance with the AOD, to overhaul its policies and procedures, and to ensure that future construction work is undertaken in a lawful and safe manner. Yes. As a result of the settlement, Fournier and Greenbrook will pay $100,000 in penalties to HPD, credit $7,500 to everycurrenttenant who moved intoten of their worst buildings on or before July 1, 2021, hire external monitors to oversee construction activity and compliance, and correct hundreds of violations across 22 of the most egregiously managed buildings within 60 days of signing. Landlords will also be asked to provide the most recent lease and provide other proof that the individual is a tenant. NYC tenants: Call 718-557-1379 or 212-962-4795 from Monday - Friday, 9am - 5pm to get connected to a RTC attorney. Include the application number and document (voucher) number in the memo field.
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nys tenants' rights hotline