New Yorkers will once again have the opportunity to apply for rental assistance during the pandemic, and temporary protection against eviction, under a state court order issued Thursday.
State Supreme Court Judge Lynn Kotler of the 1st Judicial District issued a preliminary injunction ordering the state to reopen its application portal for rent relief within three business days.
New York stopped accepting requests for rental assistance on November 15.
New Yorkers applying for rental assistance are protected from eviction while the state reviews their applications.
Gov. Kathy Hochul, Democrat, and officials from the state Office of Temporary and Disability Assistance say New York has essentially run out of available funds.
But four tenants and The Legal Aid Society sued New York in mid-December, arguing that the state’s decision potentially abandoned thousands of New Yorkers who are behind on rent but have not applied for rental assistance.
“It is now very clear that the Hochul administration violated the law when it prematurely closed the ERAP portal, denying thousands of families access to funds and a safe harbor against eviction,” said Ed Josephson, supervising attorney in the Reform Unit. of the Civil Law in The Legal Aid Society.
Housing advocates say Thursday’s ruling protects families vulnerable to eviction when New York’s state moratorium expires on January 15.
Hochul’s administration did not immediately respond to request for comment. Hochul has not said whether New York should extend the eviction moratorium.
New York has spent about half of its $ 2.4 billion in federal rental assistance funds.
The state reserves much of the unspent money for applications with paperwork problems.
Hochul had asked the federal government for up to $ 1 billion in additional rental assistance. However, the U.S. Treasury’s Emergency Housing Team in a Dec. 30 email told New York officials that the state would only receive $ 27 million.
Kotler, the judge, noted that New York could request more federal funding in March 2022.
The judge said whether New York will get enough money to cover all the accepted applications is a “guess.”
State attorneys had argued that accepting applications would give New Yorkers false hope. But Kotler said there is “little to no harm” in ordering New York to reopen the application portal for now.
“Such concerns cannot outweigh potential evictions of petitioners from their homes and due process to participate in a federal assistance program approved for their benefit in response to the current COVID-19 pandemic,” Kotler said.
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