COVID-19 Information for New York
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.
Shelter in Place
On Thursday, May 14, 2020, Governor Andrew Cuomo signed Executive Order No. 202.31, which continues in large part the stay at home orders, or New York on PAUSE, until 11:59 p.m. on Thursday, May 28, 2020. Effective at 12:01 a.m. on Friday, May 15, 2020, reductions and restrictions on the in-person workforce at non-essential businesses or other entities no longer apply to Construction, Agriculture, Forestry, Fishing and Hunting, Retail (Limited to curbside or in-store pickup or drop off), Manufacturing, and Wholesale Trade in regions that meet the prescribed health and safety metrics. Currently, those regions are the Finger Lakes, Central New York, Mohawk Valley, Southern Tier, and the North Country.
On Thursday, May 21, 2020 Governor Cuomo signed Executive Order 202.32. The Order allows for the reopening of racetracks in the state as of Monday, June 1, 2020 without spectators. The Order also amends Executive Order 202.18 and 202.29 to now permit a gathering of ten or fewer individuals for any religious service or ceremony or for any Memorial Day service. The Order also provides for a twenty-one day postponement without interest or penalty for property taxes in numerous localities throughout the state.
State of Emergency
Governor Andrew Cuomo declared a state of emergency on March 13, 2020.
Action: Prohibits initiating of a civil proceeding or enforcement of residential evictions through August 20th for nonpayment of rent. Suspends sections of the Real Property Law to provide that no landlord, lessor, sub-lessor or grantor shall demand or be entitled to any payment, fee or charge for late payment of rent occurring during the time period from March 20, 2020, through August 20, 2020.
Scope: Enforcement of writs of possession and eviction filings prohibited.
COVID-19 Related Impact Requirement: No.
Residents Responsible for Rent: Yes.
York State’s chief administrative judge has indefinitely suspended eviction proceedings in housing court throughout the state amid the Covid-19 outbreak. The measure takes effect March 16, 2020 at 5 p.m.
Rental Assistance/Housing Provider Assistance
No statewide emergency rental assistance for New York.
No rent freeze is in effect at the state or local level. Please refer to the Housing Stability and Tenant Protection Act of 2019 for the state’s Rent Stabilization Law.
Under New York Code § 396-r, it is unlawful for any individual within a supply chain to sell or offer goods or services at an unconscionably excessive price during a state of emergency. Excessive pricing is determined through comparison of pricing prior to the declaration of emergency as well as pricing of similar items in neighboring communities. The statutory language specifically distinguishes milk as a covered good under this regulation but does not distinguish any further goods or services.
Local Legal and Regulatory Information
New York City
The New York City Housing Authority has issued a temporary moratorium on evictions for those living in public housing. Mayor Bill de Blasio said at a recent press conference that he wants to “freeze up evictions as much as humanly possible” and offered support through the city’s Human Resources Administration to those faced with the looming prospect of eviction.
New York City courts have announced a temporary moratorium on evictions in the city and suspended the issuance of new eviction warrants when a tenant fails to appear in court.