Starting Thursday, October 7, 2021 at 9 a.m., applications will be accepted for the Landlord Rental Assistance Program (LRAP) which provides rental assistance for landlords whose tenants are unwilling to apply for the Emergency Rental Assistance Program (ERAP), including where the tenant has left the rental property.
On September 2, 2021 NYS Governor Hochul signed into law another eviction moratorium extension through January 15, 2022 in response to the US Supreme Court ruling that the self-attesting Hardship Declaration, Part A of CEEFPA, violates the Due Process Clause as it failed to require Tenants to produce any evidence supporting its claim of hardship nor Landlords the right to contest the Declaration. [Chrysafis v. Marks]. While the new law seeks to correct its failings, the amendments do nothing more than give the appearance of due process.
On August 12, 2021, the United States Supreme Court granted an injunction enjoining enforcement of Part A of New York’s Covid Emergency Eviction and Foreclosure Prevention Act (CEEFPA). Under Part A of CEEFPA, if a tenant self-certified financial hardship, a landlord was generally precluded from contesting that certification and thereby denied the landlord a hearing.
Cooperatives finally got long-awaited clarification from the New York State legislature on various sections of the Housing Stability and Tenant Protection Act of 2019 (the “HSTPA”). The HSTPA, meant to provide safeguards for tenants, created a number of unintended effects for cooperative boards. On June 10, 2021, the New York State legislature finally clarified that the inclusion of cooperatives in the tenant-protective provisions of the HSTPA was inadvertent. While the legislation still needs to be signed by the Governor, it is expected to be signed upon delivery to the Governor’s desk.
The stays contained within the Covid-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) and Covid-19 Emergency Protect our Small Businesses Act (CEEPSBA) have been extended through August 31, 2021. On April 16, 2021 the Covid-19 Emergency Rental Assistance Program (CERAP) was enacted to provide rent payments on behalf of low- and moderate-income households experiencing hardship due to Covid-19. Tenants may receive up to twelve months of rental and utility assistance for arrears along with three months of prospective rental assistance. Following is an overview of the major points; applicants need to be familiar with all components of the Act.
We have been hearing from Title Companies about an increase in the use of fraudulent mortgage payoff letters. As a consequence, many Title Agents are modifying their procedures for satisfying mortgages at closings such as requiring that the Title Agent receive payoff letters at least 24 hours prior to closing in order to have sufficient time to verify the authenticity of the payoff letter. Also needed to be verified is the telephone number for the payee bank, the address or wire instructions provided in the payoff letter so as to avoid payoff funds being sent to the fraudsters.