Protesters held up posters at the Brooklyn Housing Court during the national “No Evictions, No Police” action day in New York City. | Michael M. Santiago / Getty Images
ALBANY, NY – An eviction ban that advanced through the New York State Legislature on Monday led to a backlash from groups of landowners, saying the move would hurt struggling homeowners, while tenant advocates warned which is only a temporary solution.
Details: The bill would halt evictions and foreclosures across the state for 60 days and allow tenants and mortgages who lost jobs or income due to the pandemic to submit statements of financial difficulties that would halt these processes by May 1. Governor Andrew Cuomo said on Monday that he would sign the legislation.
The Democratic-led state Senate passed it by an almost party vote in the afternoon, and the Assembly, which is also controlled by Democrats, was ready to do the same at the end of the day.
The move comes at a time when the state is struggling with what is likely to be billions of dollars in arrears due to tenants financially damaged by the pandemic. The National Council of State Housing Agencies commissioned a report earlier this year estimating that New York could face a rent deficit of up to $ 3.4 billion in January.
Tenant advocates have been pushing for a broad moratorium for months, warning of a wave of evictions when existing protections are due to expire in January. Several housing groups praised the passage of the bill, while asking the legislature to approve a substantial reduction in rent or pardon in the coming months. Groups of homeowners, meanwhile, say their members cannot swallow months of missed rent payments and note that many homeowners are struggling to keep up with property taxes and utility bills.
The measure contains some benefits for smallholders – those who own 10 or fewer units could have access to foreclosure protection and tax lien sales. But groups of landlords say the measure covers a very wide range of tenants and could result in a vacation rental for tenants who can afford it.
The debate: Jay Martin, executive director of the Community Housing Improvement Program, a group of homeowners, called the measure a “tent tactic”.
“No tenant facing financial difficulties should be evicted during a pandemic, but the cost of providing free housing cannot be fully borne by the owners,” he said in a statement. “If tenants interpret this bill as a justification for not paying rent, the damage to our economy and local budgets will be immense.”
Joseph Strasburg, head of the Rent Stabilization Association, another group of landlords, argued that the measure would benefit many tenants who do not need assistance, noting that the “statement of financial difficulties” that tenants can submit does not require proof of economic difficulties.
Republican minority members in both houses raised similar concerns about the breadth of the bill.
“I’m just afraid that because [tenants] they don’t need a lot of documentation, they don’t really need to prove that they are unemployed or that they have any of these things or conditions, ”said state senator Betty Little (R-Queensbury).
Assembly member Brian Manktelow (R-Lyons) said the existing rental moratorium gave its constituents opportunities to abuse the system and that it helped spread the pandemic.
“They are going to places to buy big TVs, new cars, to socialize, that’s part of the reason there is such a big spread,” he said. “I saw this [and] I watched. ”
State Senator Brian Kavanagh (D-Manhattan), chairman of the housing committee, said the project “is not a rental holiday” and noted that it would be against the law for a tenant and others covered by the measure to sign a deprivation statement that contains false information.
“The problem we face in New York is that we believe that about 1 million tenant homes are behind on rent,” said Kavanagh at a committee meeting on Monday. “Any process that sought to judge which of these people have difficulties and which do not, we concluded in the preparation of this bill would be ineffective.”
What is the next: Lawmakers said the extension of the ban gives them time to create a broader rental assistance program and distribute aid funds. An existing $ 100 million rental relief program was approved over the summer, but less than half of that money has been distributed so far. New York will obtain additional rental assistance funds under the latest federal stimulus package.
Groups of tenants praised the state measure, but called for more action.
“This project is just a temporary solution to the urgent housing crisis we are in,” the Housing Justice for All coalition said in a statement. “To avoid a massive economic disaster, our legislature must pay rent arrears due to New Yorkers and create a deprivation fund for smallholders struggling to keep their buildings safe and afloat.”
Judith Goldiner, a leading lawyer for the Legal Aid Society, said lawmakers should “remain open to improving this legislation if we are still gravely mired in the pandemic in May.”