A federal eviction moratorium expires Dec. 31. What does that mean for NY tenants?

• The CDC evictions moratorium, meant to curb the spread of COVID-19 and keep tenants in their homes, is expiring on Dec. 31.
• Housing advocates in New York say neither the federal nor state eviction moratoriums currently in effect do much to protect tenants.
• They're pushing for a more comprehensive state moratorium with fewer loopholes.

The federal moratorium on evictions due to the COVID-19 pandemic is set to expire at the end of the month, leading some to question whether New York state’s eviction protections will shield those still struggling to pay rent and stay in their homes. 

The moratorium, enacted in September by the Centers for Disease Control and Prevention, was meant to stay the spread of COVID-19 by providing an eviction defense for tenants facing job loss, substantial loss of income or homelessness. It expires Dec. 31. 

New Yorkers were protected by a comprehensive, state-ordered moratorium, or “pause,” on evictions, enacted during the pandemic, but it expired on Oct. 1. 

Now, New York residents have some protection from residential evictions under the Tenant Safe Harbor Act, a law passed in June that prevents courts from evicting tenants facing financial hardship because of the COVID-19 pandemic.

The law protects those whose cases began after March 7 for the duration of the pandemic, while Gov. Andrew Cuomo issued an executive order extending the same protections through Jan. 1 for tenants with cases that began before then. 

Neither the CDC moratorium nor the Tenant Safe Harbor Act, however, prohibit landlords from filing eviction cases, advocates say, leaving tenants in need of legal representation and unsure whether they’re protected.

How has the federal order been interpreted, and has it worked to stop evictions? 

If a landlord starts an eviction proceeding, tenants could use the federal directive as a defense in court by filing a declaration stating that they experienced significant financial losses as a result of the pandemic, and thus are unable to pay rent and are in danger of eviction.

But the conditions are vague and left up to judicial discretion, meaning that the order is interpreted differently based on location. 

“You’re rolling the dice with the judges,” said Ryan Acuff of the City-Wide Tenant Union of Rochester, where around 88 eviction warrants have been filed between Oct. 1 and Nov. 30, Acuff estimated.

For example, the moratorium stipulates that a tenant must display their best efforts to obtain government assistance for housing and make timely partial payments of rent — and a judge decides whether they’ve checked those boxes, said Rebecca Gerard, campaigns manager for New York Housing Justice, a statewide housing advocacy nonprofit. 

In Rochester, 60% of the housing stock is rental, and City Hall estimates in October have varied from 4,500 households being behind on rent to as many as 8,800 or more. 

Tenants may be required to pay unpaid rent on their units after the moratorium is lifted. This brought the ire of housing advocacy organizations, who argued the moratorium would simply delay a dire financial situation for tenants, as opposed to truly forgiving or cancelling payments.  

Additionally, tenants are still being evicted around the country because the moratorium does not prevent so-called “no-fault” evictions, when a landlord decides not to renew a lease, or evictions due to violations of lease agreements. In Milwaukee, Wisconsin, at least 244 families were served eviction papers as of Nov. 30, during the moratorium, due to alleged lease agreement violations, according to the Milwaukee Journal Sentinel. 

Calls to advocacy organizations are increasing as tenants, many still without jobs or financial stability thanks to the pandemic, try to understand their rights and protections after an eviction notice is filed. 

 “A lot of people think they’re protected and they’re not,” said Acuff.

United Tenants of Albany, which advocates for tenant rights and better housing options in the Capital District, received 900 calls since Oct. 1, Gerard said; double the amount they’d typically receive in the same period, pre-pandemic.  

“There hasn’t been an actual policy solution that stabilizes the housing system for tenants and for some landlords, so we’re just kicking the can,” Acuff said. “But unfortunately, while we’re kicking the can, many of these moratoriums have limited effectiveness, and people are being kicked out.” 

What happens if the federal order expires at the end of the year? 

Housing advocates expect to see a jump in eviction filings and warrants if the order is allowed to expire. While it does not provide sweeping relief, it stayed some evictions and bought tenants time. 

Losing that protection could lead to further crowding in homes or shelters as residents seek out other housing, which could aid the spread of COVID-19. 

Recently released research from the University of California Los Angeles and Johns Hopkins University found that lifting state eviction moratoriums across the nation amounted to an estimated 433,700 excess COVID-19 cases and 10,700 excess deaths during the study period, which ran from March 13 to Sept. 3.  

“In the interest of public health and safety, people cannot be put in situations where they’re doubling up with family and friends,” Gerard said. 

What other eviction protections do New Yorkers have? 

The Tenant Safe Harbor Act, signed into law this summer by Cuomo, is a statewide counterpart to the federal eviction moratorium, and works in a similar way. It allows tenants to argue that they are unable to pay rent because of financial woes related to COVID-19. 

The state protections apply to residential tenants who fell behind on rent after March 7 and remain in effect for as long as a state of emergency remains in place for COVID-19.

In October, Cuomo extended these protections to apply to those facing eviction before March 7 who have since faced COVID-related financial issues. The extended protections are set to remain in place until Jan. 1, though Cuomo could extend them.

But that move still doesn’t protect tenants being evicted for other reasons, said Acuff. 

Acuff and other housing advocates spoke to Mayor Lovely Warren in Rochester this week, urging her to order a city-wide moratorium on evictions. 

At the state level, housing organizations like Rochester’s City-Wide Tenant Union are supporting the Emergency Housing Stability and Displacement Prevention Act, a state bill that would halt all eviction proceedings until at least the end of the pandemic. The bill is currently under committee review, and lawmakers are set to return to session in January.

“We do believe there are solutions to these issues,” Acuff said. “But while the can is being kicked down the road on a real policy, we need to keep people from being kicked out.” 

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Sarah Taddeo is the consumer watchdog reporter for USA Today Network's New York State Team. Got a story tip or comment? Contact Sarah at STADDEO@Gannett.com or (585) 258-2774. Follow her on Twitter @Sjtaddeo. This coverage is only possible with support from our readers. Please consider becoming a digital subscriber.