Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    White-glove movers wrapping a large item in protective film before transport.
    Rent
    Best Luxury Moving Companies in NYC 2026: A Guide Based on Performance, Services, and Building Expertise
    Sponsored By Advertiser
    716 Broadway, #2
    New Construction + Condos
    What you need to know about buying a NYC condo or co-op with direct elevator access
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Blair on the roof of AtlanticBK
    Rent
    From Williamsburg to Bed-Stuy: I was tired of the tourists and wanted to live somewhere less hectic
    Woman with suitcase in Brooklyn looking over the East River at Manhattan
    Rent
    Three years after Local Law 18 launch, registered short-term rental hosts number over 3,500 in NYC
    Image of a building in New York City
    Roommates + Landlords
    How to break the lease for your NYC rental apartment
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
    Views of the East River and the Manhattan Bridge from lower Manhattan, NYC.
    Sell
    Median price for Manhattan co-ops and condos hit $1.25 million in second quarter
    Residential towers in Brooklyn
    Sell
    Median sales price for Brooklyn condos jumped to $1.49 million in the second quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The 1893 Henry A. Caesar House at 19 West 76th Street
    Live
    The 1893 Henry A. Caesar House at 19 West 76th St: A single-family home that became 14 apartments
    Hallets Point Esplanade in Astoria, Queens
    Neighborhood Intel
    Explore 7 privately owned outdoor spaces in NYC that are open to the public
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Buildings in Soho, NYC
    Rent
    Ask Altagracia: Our rent-stabilized building is being converted to condos. What are our rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: How does New York's new eviction ban protect me?

By Himmelstein McConnell Gribben & Joseph LLP  | January 13, 2021 - 9:30AM
image

Austin Havens-Bowen for Brick Underground/Flickr

I heard that New York State has a new ban on evictions. How does it work and how long am I protected?

New eviction moratoriums were signed into law last month that will allow tenants facing financial problems to stay in their apartments longer, but it’s not a permanent solution, says Sam Himmelstein, a lawyer with the firm Himmelstein, McConnell, Gribben, Donoghue & Joseph who represents residential and commercial tenants and tenant associations.

The New York State Legislature passed a bill that was signed by Governor Andrew Cuomo, which puts into effect two eviction moratoriums. The first puts a stay on any eviction proceedings commenced on or before March 7th, 2020, for 60 days, while the second stays all eviction matters commenced between December 28th, 2020 and January 27th, 2021 for 60 days from filing. The legislation also prevents courts from issuing default judgments authorizing eviction without first holding a hearing.

In addition, the bill protects some small landlords from foreclosure, as well as provides relief in the form of tax exemptions to older homeowners or those with disabilities, according to The New York Times. 

In a nutshell, “pending cases are stayed through February 26th, and new cases are stayed for 60 days,” Himmelstein says. “There’s an exception for eviction cases based on the tenant causing a nuisance, but it has to be behavior infringing on the use or enjoyment of other tenants, or creating a safety hazard.”

That means if a tenant is engaging in violence or illegal activity like drug dealing, they are still subject to eviction. Other behaviors traditionally considered a nuisance, like making illegal alterations to an apartment, don’t apply.

Tenants facing eviction can now also submit documents stating that they are facing financial hardship as a result of the Covid-19 pandemic. Tenants who sign and deliver this form to their landlords cannot be evicted before May 1st, 2021. 

“It’s good that they’re doing this, but at some level it’s postponing the inevitable,” Himmelstein says. “What happens when these moratoriums are gone and people owe a year of rent? We don’t know yet if there will be additional extensions, or help coming from Washington or the state.”

Related: 

Ask Sam: What does the new supermajority in Albany mean for NYC tenants? (sponsored) 

Ask Sam: Are landlords less likely to take NYC tenants to housing court because of the new rent laws? (sponsored)

Ask Sam: Am I covered by the CDC or New York ban on evictions? What happens when they end? (sponsored) 

Ask Sam: What are the rules for evicting rent-stabilized tenants in NYC? (sponsored) 

Read all the Ask a Renters' Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia Coronavirus eviction landlords renters tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Residential towers in Manhattan
What do changes in the Climate Leadership and Community Protection Act mean for NYC co-op and condo buildings?
Governor Kathy Hochul signs new budget
Hochul signs $269 billion budget with new pied-à-terre tax for NYC
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS