New York Attorney General Letitia James on Monday issued a notice to landlords reminding them that they cannot raise rents if they have accepted or plan to accept funds from the state’s Emergency Rental Assistance Program (ERAP).
The program was recently expanded in the state budget.
Landlords who accept payments from the program are prohibited from raising rents for one year after receiving the funds.
The attorney general warned that she will take action to protect tenants if landlords fail to comply with ERAP rules.
“The rules are clear: Landlords who accept ERAP payments cannot raise rents for 12 months,” said Attorney General James. “This program was created to support struggling renters and keep New Yorkers in their homes during the pandemic. Landlords who accepted payments from the state and are still raising rents are double-crossing and breaking the law. I urge any tenant who has accepted ERAP payments and received a new lease with rent increases from their landlord to contact my office.”
What is the ERAP program?
ERAP is a Rent Relief Program providing support to low- and moderate-income renters across the state who were unable to pay rent during the pandemic. Since the State began accepting applications in June 2021, it has provided financial support to hundreds of thousands of New Yorkers to pay back rent.
The program pays up to 12 months of rent arrears accumulated as of March 13, 2020, as well as up to three months of additional rental assistance in the future. In addition, the program pays up to 12 months of arrears on electric or gas services that have accumulated on or after March 13, 2020. The program recently received an additional $800 million.
What rules must homeowners accepting ERAP payments follow?
Homeowners who accept ERAP payments have agreed to:
- Not increase the amount of the monthly rent for one year from the receipt of the ERAP payment.
- Waive any late fees due for any back rent covered by the ERAP payment.
- Not evict ERAP recipients when their lease expires. This does not apply if the apartment is in a building with four or fewer units and the owner or the owner’s immediate family intends to immediately occupy the unit for use as a primary residence.
- The Attorney General’s Office has received reports from tenants that landlords who accepted ERAP payments are sending them renewal contracts with rent increases in the middle of the 12-month grace period. While these leases may be automatically generated by management, owners are cautioned not to seek rent increases at renewal or new leases beginning during the 12-month period.
What advice should tenants follow?
Attorney General James offers the following advice and guidance to tenants who have received ERAP funds:
- Return leases that have a rent increase: Leases that include an increase within 12 months of receipt of ERAP payments by the landlord must be returned to the landlord with a note explaining that the landlord received the ERAP payments and cannot increase the rent . Tenants should follow up with management to explain why the lease is inappropriate and request that a new lease be issued.
- Monitor your income statements: Check your rental statements to make sure your rent hasn’t increased or your landlord is charging you late fees for any of the months covered by the ERAP payment.
• Don’t Ignore Court DocumentsNote: Even if your landlord received an ERAP payment or you filed an ERAP application, don’t ignore court documents.
• talk to a lawyer: If your landlord is taking you to court or if you have questions about your lease, you should talk to a lawyer. You can visit the tenant help website of OAG to find free legal representation.
How can I report if the ERAP rules are not being followed?
To contact the office of the attorney general visit this website.
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