DHCR has the authority to enforce RPL 233. How will the tenant know what will be paid on their behalf? Yes. 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. ERAP utility assistance payments will be made directly to the utility company. If a landlord is unable to get the tenant to provide needed information to complete an ERAP application, they should contact the designated local organization for outreach assistance. No. The Audit /Investigatory unit conducts comprehensive audits, investigations and inspections to detect and determine potential landlord illegality, misrepresentations and fraud. **, What if my ERAP application or appeal is denied and I cannot reapply? Landlord's Right to Enter. I disagree with the decision. You may not be evicted because you failed to pay rent during the time period covered by the ERAP payment that the landlord refused to accept, which includes the period for which rental arrears would be paid, as well as the period for which any prospective (future) rental assistance would be paid as outlined in your provisional approval notice. State law was passed that created the Landlord Rental Assistance Program (LRAP), another new program to provide rental assistance for landlords whose tenants have left their rental property or who are unwilling to apply for ERAP. 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. New Tenant Protection Laws The program provides significant economic relief to low- and moderate-income tenants and helps landlords obtain rents due. The discussion with P.A.L.A.N.T.E included the Manhattan DAs Financial Frauds Bureau. If you can document a history of rental amounts paid, you may be eligible for ERAP. UTA Housing Hotline Have housing questions that's not on the list of handouts? 641 Lexington Avenue If you need rental arrears assistance before receiving your ERAP determination, please reach out to the Human Resources Administration (HRA) if you live in New York City or your local Department of Social Services if you live outside of New York City for additional resources. Check the OTDA website (www.otda.ny.gov) for information. 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.
Tenant Rights and Responsibilities - HPD - NYC.gov In regards to the 2014 Code amendments, the court held that these amendments by DHCR were in conformance with the statutes mandating that the regulations protect tenants and the public interest as well as being consistent with court decisions both with respect to DHCRs rule making authority and court decision on each specific subject matter.
Tenants' Rights Legal Assistance - HPD - NYC.gov This page is available in other languages, Nov 10, 2022 - TPU, under the leadership of Deputy Commissioner Pavita Krishnaswamy, celebrates its 10. Individual Apartment Improvement Audits (IAI) What if I move from my apartment after I apply for. This guidance discusses the rights of immigrant tenants in New York, and answers some important questions. The program will ensure that these units are properly registered and further protect rent-regulated tenants. Tenant and homeowner rights / Housing Beware of Rent-to-Own agreements. TPU starts new proactive audit initiative on apartments in transforming neighborhoods around New York City. You can also visit the How to Appeal page to learn how to submit an appeal. The ERAP application will be available online only, so e-signatures will be required. Yes. Assistance is limited to a maximum of 15 months 12 months of arrears and 3 months of future rent. TPU, working with the AG's Office and State Senator Jeffery Klein, negotiates re-stabilization of 82 apartments with Bronx landlord. Our hotline is staffed by volunteer members. For Public Assistance recipients, when the ERAP funds are covering future rents, the payment will cover the difference between the Public Assistance grant and the monthly rent cost. 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. The only instances that would require repayment would be if there is a determination that the application submitted was fraudulent or the application should not have been approved. The primary goal of ERAP is to prevent residents from being evicted and to support housing stability for tenants adversely impacted by the negative economic consequences of COVID-19. After 12 months from the provisional determination, the landlord is deemed to have waived the amount of rent that would have been covered by that payment. We can help renters anywhere in Oregon, however you may need to join CAT as a member if you're not . The following are not counted as income: foster care payments, Public Assistance benefits, Supplemental Nutrition Assistance Program (SNAP) benefits, Home Energy Assistance Program (HEAP) benefits, sporadic gifts, groceries provided by persons not living in the household, earned income tax credits and Federal stimulus payments.
Hotlines | LawHelpNY If Toledano violates the terms of the agreement, NYAG will seek a lifetime bar against his further participation in the real estate industry as well as a suspended judgment of $10 million. How do I report a utility arrears discrepancy? The Housing Stability and Tenant Protection Act of 2019 ( HSTPA) is a New York state statute that introduced major changes to landlord-tenant law. Is there anything I can do? The conversation focused on identifying and preventing landlord harassment, the tools TPU uses to combat all forms of tenant harassment, and how tenants can seek help from community resources to stop the insidiousness of landlord harassment. However, four of these jurisdictions spent all their funds and have opted into the State ERAP program. ERAP will, for most eligible households, cover the full amount of rental arrears for up to 12 months since March 13, 2020. You also may be evicted if you fail to pay rent not covered by ERAP, and you may be subject to eviction if you do something that is not allowed by your lease. You are using an out of date browser. Judge Ramos, Landlord. please call our Housing Hotline, Monday, Tuesday, Thursday and Friday, from 9:00AM to 12:00PM at (585) 546-3700. . Read More I am a landlord and my tenant left the rental property or isn't willing to apply for ERAP. Please see the below section Assistance for Tenants not Eligible for ERAP for alternative resources. 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. However, as a condition of receiving an ERAP payment, a landlord must agree that the ERAP payment satisfies the tenant's full rental obligation for the time period covered by the ERAP payment. and deed theft. However, if you rent a co-op from a co-op shareholder, you may be eligible for ERAP assistance. It also provides tenants with a hotline 1-800-566-7636 operated by the New York State Office of New Americans that you can call if your housing is threatened because of your immigration status. PEU is here for YOU! What are examples of financial hardship experienced due to the. Self-attestation of income, through a written and signed statement, is permitted in certain circumstances where no documentation is available, such as certain types of self-employment. 4. In addition, the ERAP Call Center is available to assist applicants in filing an application by phone. The household is at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020. Gross income is counted, rather than take-home pay. If I have questions, who should I contact? ERAP assistance may only be provided if your landlord is owed money. TPU therefore took a proactive approach and notified owners who had failed to register their units since 2009, and required them to either re-register or provide explanation as to why the units were no longer registered. Use Right to Counsel to fight your eviction. NYLAG attorney Jared Riser spoke with Gothamist about what tenants can do if their landlords don't to comply. The state announces subpoena served on Brooklyn landlord alleged to have systematically harassed rent-regulated tenants. A landlord who believes that an applicant is ineligible for ERAP should submit documentation sufficient to show that the applicant is ineligible. As of 9:00pm EST on January 20, 2023, ERAP applications are no longer being accepted. There are certain instances in which you should consider submitting an appeal When to consider appealing your ERAP decision. Three months after the launch of the Real Estate Tax Compliance Program, the TPU, NYS Attorney General and the NYC HPD announced that 111 buildings encompassing over 1,800 units will be registered as rent stabilized with every tenant notified of their rights under the Rent Laws. 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.. . Greenbrook must update paperwork and registrations for all buildings and units covered by New York Citys rent stabilization laws. The Legal Division continues to investigate tenant harassment and other illegality throughout New York State and is working toward relief for large classes of rent-regulated tenants. What documents will I need to submit to prove that I am eligible for, If I do not have a lease, but I am a month-to-month tenant, am I still eligible to receive, Are all locations throughout NY State eligible for, Do households have to have someone who had a case of. Both the tenant and landlord must complete certain parts of the ERAP application to receive rental payments issued to landlords. If a landlord does not respond, can the rental payments be made to tenants? **, I applied for ERAP but have not uploaded all my documents. In 2015 alone, TPU recaptured another 11,433 apartments, bringing the total units returned to rent stabilization to over 47,000, preserving the affordability of those units. Lot rental arrears can be paid through ERAP. Zara Realty owns and manages at least 2,500 rent-stabilized apartments in 38 buildings in and around Jamaica, Queens, have taken advantage of their tenants, who are largely immigrant middle and low-income families, by charging them illegal fees and rents, and requiring that they sign illegal leases. Once you have applied for ERAP, your landlord cannot evict you for not paying rent during the covered period unless you are determined to be ineligible to receive ERAP assistance. TPU demanded that the landlord stop using non-conforming riders and ensured that they provided new, lawful riders to their rent stabilized tenants. The New York State Division of Homes and Community Renewal (NYS HCR) is administering the New York State Homeowner Assistance Fund (HAF) for certain households who need assistance in paying their mortgage in order to stay in their homes. State law was passed that created the Landlord Rental Assistance Program (LRAP), another new program to provide rental assistance for landlords whose tenants have left their rental property or who are unwilling to apply for ERAP. The TPU launches its first historic initiatives involving rent registration and IAIs. If the property owner/landlord has not been paid, the current sublessee resident was able to apply for ERAP assistance. May I still submit an appeal now that the portal is closed?
New York Landlord Tenant Laws [2023]: Renter's Rights & FAQs Tenants' Rights Telephone Hotline - Met Council on Housing The TPU issues the agencys first ever multiple subpoenas to non-compliant owners (achieving 100% compliance). 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. What does the closing of the portal mean for my application? The Renters' Rights Hotline gives tenants detailed information about their rights and practical suggestions to help protect those rights. 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. All requests for assistance are handled through the Housing Hotline. Tenants living in rent-controlled or rent-stabilized apartments who believe their building owners are harassing them can contact the New York State Division of Housing and Community Renewal (DHCR) or call 718-739-6400. Co-op shareholders are not eligible for ERAP to cover monthly co-op/maintenance fees. 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. If you pay rent for a month that will be covered by this program, your property owner will be required to provide a credit for future rent due for that payment. New York, NY 10022. advocates. The TPU is comprised of three units:Audit/Investigatory
Tenants & Homeowners | New York State Attorney General If we are unable to reach your landlord, we may reach back out to the tenant to get updated contact information. I was not able to pay my monthly rent, so my friend paid the landlord on my behalf. Tenants & Homeowners File a complaint Topics covered Tenants rights Health & safety Hiring movers Housing discrimination Tenant harassment Resources Tenants' rights in New York Urban Justice Center 646-602-5600. 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. After 12 months from the tenant's determination of provisional eligibility, the landlord is deemed to have waived the amount of rent that would have been covered by the payment. As of 9:00 pm EST on January 20, 2023, ERAP applications are no longer being accepted. If I share an apartment with a roommate and receive help through ERAP, can the landlord or property owner evict me? ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368), Assistance for Tenants not Eligible for ERAP. The housing crisis brought on by rising rents is hitting communities of color, single parent households, people with disabilities, and veterans particularly hard.
Tenant Net - Tenants and Renters Rights - New York City 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. 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/. Can a homeless family living in a shelter access. Please call 1-844-NY1-RENT (1-844-691-7368) for assistance or reach out to a community-based organization in your area. The Office of the New York State Attorney General protects tenants, homeowners, condominium (condo) owners, and cooperative (co-op) shareholders. Mobile Home Lease. Prior to that time, subletters were eligible to apply for ERAP assuming they met other eligibility requirements outlined in Question #2 above.
PDF Immigrant Tenant Rights - New York State Attorney General Landlord/Tenant | Fair Housing - Orange County Tenants can also find information on their rights and protections, including legal advice, community organization support, and more. We appreciate your patience while we respond to high call volumes. History of the Tenant Movement in New York City, 1904-1984 For those who still think tenant laws were no more than a reaction to post-WWII overcrowding. The TPUs Rent Registration Initiative successfully recaptured more than 11,600 units (totaling over 74,000 units) and returned close to $500,000 in overcharged rent (totaling close to $5 million) to tenants who did not know they were paying an unlawfully high rent. TPU Assistant Commissioner Argyro Boyle and Senior Attorney Tom Mennecke will be a part of a panel discussion on the rights and protections afforded to tenants under New York State'srent stabilization law. Is my sublessor eligible for. **, I share an apartment with a roommate. HAF is no longer accepting applications; however, you may register for their waitlist by applying through the HCR website. No. No. 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. Lease Addendum Template Lease Rescission/Cancellation Template Additional Information Additional information is available in the Helpful Links section of this website. The Tenant Safe Harbor Act prohibits a court from evicting you for not paying your rent during the COVID-19 covered period, which began on March 7, 2020 and continued until January 15, 2022, if you suffered a financial hardship during that same COVID-19 covered period. Tenant applicants may choose to submit documentation indicating current monthly income or calendar year 2020 income. Such documentation may include, but is not limited to, evidence that the tenant is not obligated to pay rent in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement, evidence that the dwelling is not the primary residence of the applicant, or evidence that the tenant does not owe rental arrears. Yes. If your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP, you should show the provisional approval notice to the Court. Tenants were required to provide certain tenant-specific information, such as income information, and had to sign the application indicating agreement with certain information included in the application. In 2012, the TPU launched the first ever audits of owners who filed IAI increases significantly raising the rent upon vacancy within the last two years. A tenant who resides in a building with more than 20 units is eligible for ERAP. A college student may be included as part of their parent or legal guardian's household if they are away at school. 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. 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. If a tenant passes away before an application decision has been reached, landlords, proxies, or family members should contact the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) and inform the operator of the situation to further assist. Settlement agreement with All Year Management and the Governors Tenant Protection Unit places the Brooklyn based landlord under an independent monitor for 3 years, requiring All Year Management to immediately make repairs across its entire portfolio of approximately 500 rent regulated apartments or face fines. This may result in an increase in their monthly rent payment. The Forensics Team has implemented a data warehouse containing ten years of HUTS rent data, creates ad hoc reports for the Deputy Commissioner as well as other units for analysis of particular buildings and owners, and supports the Tenant Protection Unit (TPU) Individual Audit Improvement (IAI) initiative by identifying owners/buildings/apartments to audit. We will also host a resource a resource table where you can get information on rent stabilization law and speak with TPU staff. Tenants of NYC: Did you know that you can get free 1-on-1 help and guidance on housing-related issues, which may include referral to free legal services? Landlords will be notified if any additional information is required in order to complete one of their tenant's applications. [1] Whether or not you applied for ERAP, your landlord can be prohibited from evicting you because you did not pay your rent. To accurately identify a client's needs and provide them with the personalized care necessary to address sensitive cases requires extensive training, and our Specialists are uniquely equipped with the skills required for these conversations, To reach the Tenant Helpline, call 311 and ask for the "Tenant Helpline. The impact can be either directly or indirectly related to the COVID-19 pandemic. If a landlord has a tenant that is damaging the landlord's property or is engaging in nuisance behavior, the landlord should consult with an attorney to ensure compliance with mandatory procedural requirements. Prior to that time, a landlord was able to start the ERAP application, but both the landlord and tenant had to complete certain parts of the application. No. 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. After 12 months, the landlord is deemed to have waived the amount of rent that would have been covered by the payment. Tenants seeking assistance can reach our Housing Hotline at (518) 436-8997 extension 3. The TPU has returned over $220,000 to unsuspecting tenants in rent overcharges. After reviewing records and interviewing tenants, the TPU made a formal criminal referral to the NYAG. In addition to providing relevant agency documents and filings to the Attorney General, TPU also provided testimony at the Grand Jury proceedings and the criminal trial. New York City residents can obtain information on various local services by calling 311. Documentation of rental obligation may include a demonstrated history of rental payments in the form of canceled checks or bank statements, or other documentation. Are water bills or internet bills eligible as part of ERAP? Help us to spread the word about the Tenant Helpline! As a result of a TPU investigation and subsequent referral to the New York Attorney General (NYAG), Steven Croman, owner of 140 apartment buildings throughout Manhattan, pled guilty to fraudulently refinancing loans and committing tax fraud as part of a long running scheme to push rent-regulated tenants out of their homes. You may wish to consult an attorney. As a result of a TPU criminal referral to the NYS AGs office, the Tenant Harassment Prevention Task Force made its first arrest and took swift action to confront the alleged unlawful actions by a Brooklyn landlord.
Based on TPUs rent registration initiative, TPU has returned 40,000 apartments back to rent stabilization, preserving the affordability of those units. The TPU has returned more than 28,000 apartments to rent stabilization. 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. The Tenant Helpline is a free resource available to all New Yorkers, no matter your immigration status. Your determination will be reviewed again, and if a mistake was made, it will be corrected. How do survivors of domestic violence meet the burden of proof for priority application processing? Brooklyn: 718-722-3100. Legal Services NYC 917-661-4500. A landlord cannot return an ERAP payment in order to avoid the eviction protections afforded to tenants under ERAP. Greenbrook owns 188 buildings comprising approximately 1,000 units, many of which are rent-stabilized, in New York City and state, with the majority in neighborhoods throughout Brooklyn. Call 311 and ask for the Tenant Helpline to get connected to a PEU Specialist! In areas outside of NYC, especially in areas without separate courts for housing, you should call the . Income must be documented through pay stubs, employer letters, or other documentation.
Housing & Legal Assistance - Rent Guidelines Board You may still apply for arrears that have accrued after March 13, 2020. NYC tenants: Call 718-557-1379 or 212-962-4795 from Monday - Friday, 9am - 5pm to get connected to a RTC attorney. No. In 2016 alone, TPU has successfully recaptured another 8,963 units (totaling over 56,000 units) and returned more than $1.3 million in overcharged rent (totaling $3.25 million) to tenants who did not know they were paying more than required by law. Eligibility New York residents are eligible for ERAP if they meet all of the following criteria: Household gross income is at or below 80 percent of the Area Median Income (AMI).These income limits differ by county and household size.
The Legal Aid Society - Help with Housing and Homelessness However, arrears must be owed to the landlord or property owner and not another renter to qualify for ERAP. Signed. New York State Supreme Court Justice Richard Velasquez dismissed the lawsuit filed in 2014 by owners and owner associations challenging the creation of the TPU and the 2014 amendments to the rent regulations. TPU launched a major initiative that uncovered the illegal removal of central heating systems in over two dozen rent regulated buildings affecting 145 tenants. The Legal Aid Society 212-577-3300. The COVID Rent Relief Program provided a one-time rent subsidy to reduce a household's rent burden for up to four months in 2020. Sincerely, New York State Once you apply for ERAP, you cannot be evicted because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic. Residents of these jurisdictions may be eligible for assistance from the State-run program as of the dates noted below. How do I request a reasonable accommodation due to a disability? The Housing Council at PathStone offers tenants education about their rights and responsibilities. As a result of a TPU investigation and subsequent criminal referral, on April 6, 2017, the NYS Attorney Generals Office and the members of the Tenant Harassment Task Force announced that Dean Galasso, a NYC landlord with multiple properties in Manhattan and Queens, was indicted on six felony charges stemming from an alleged scheme to fraudulently obtain a multi-million-dollar mortgage to finance the purchase of 43 Essex Street in Manhattan. Have community-based organizations been identified to assist with outreach efforts and to help tenants and landlords apply for ERAP? Landlords are offered an opportunity to submit documents when they create an ERAP owner account and link the tenant's application to their account. Tenants' Rights Telephone Hotline The hotline is free and open to any tenant living in New York City. The TPU returns over 10,000 units to rent regulation based on its rent registration initiative. Payment of any rental arrears you owe will be paid directly to the landlord or property owner. City of Syracuse Division of Code Enforcement.
For Tenants | United Tenants of Albany, Inc In the latest enforcement action under the Real Estate Tax Compliance Program, a joint initiative of the TPU, the Attorney General, and HPD to ensure building owners receiving 421-a benefits are in compliance with the law, HPD issued letters notifying owners of 178 residential buildings with a total of 1,400 rental apartments that their 421-a tax benefits will be revoked retroactively,if they do not comply with the requirements of the 421-a program, including registering their apartments as rent-regulated. Once your landlord has completed their portion of your ERAP application and your application is fully approved, your landlord may not evict you because your lease is expired, or for non-payment for the months covered by the ERAP payment.
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