Which COVID-19 Eviction Protections Are Still Active in New York?

New York implemented strong eviction protections during the COVID-19 pandemic, providing vital security for renters facing hardship. Many of these measures have since expired, but certain rights and resources may still apply if you are facing eviction in 2024. This guide explains the status of New York's COVID-19 eviction protections, key forms, recent legislative updates, and the steps renters can take if they receive an eviction notice.

Current Status of COVID-19 Eviction Protections in New York

Most of New York’s COVID-19-specific eviction moratoriums have expired, but renters still have strong legal protections under New York law. While statewide moratoriums ended in early 2022, some renters may still benefit from extended resources such as Emergency Rental Assistance Program (ERAP) protections or are covered by local ordinances. It is important to understand what remains in effect:

• Emergency Rental Assistance Program (ERAP): If you have a pending ERAP application, most landlords cannot evict you for nonpayment until your application is reviewed and decided.
• Eviction cases must continue to follow legal procedures, and tenants still have the right to appear in housing court, provide defenses, and request hardship determinations.

For a full overview, visit the New York Courts FAQ – Eviction Protections page.

Key Eviction Forms for Renters

A few official forms may assist renters in defending their rights in court if facing eviction in 2024:

• Hardship Declaration Form (Expired, but sometimes referenced): Although New York’s COVID-19 Hardship Declaration Form is no longer currently accepted, you may reference hardship when discussing your case in court. See the expired form for language at the Official NY Courts Hardship Declaration PDF.
• Order to Show Cause (OCA Form 900): Still available, this form lets you request that a judge stop an eviction temporarily. For example, if you need more time to move or have applied for ERAP, you can file an Order to Show Cause in your local housing court, asking the judge to pause your eviction.
• Answer Form for Nonpayment Proceedings (CIV-GP-78): Use this to respond to a nonpayment eviction. You can raise pandemic-related hardship as part of your defense. Access the CIV-GP-78 Answer Form and instructions at the NY Courts site.

Always use official court forms and submit them directly to your local housing court or online if available.

How New York Handles Evictions After COVID: Updated Process

Currently, all eviction cases in New York must follow standard law and procedure under New York State Real Property Law. Here’s what to expect:

• Landlords must serve you a written notice before filing an eviction case.
• You’ll have the right to appear in court and answer the petition.
• Judges will consider any pending ERAP application or pandemic-related defenses you raise.
• New York City renters have additional protections, including the right to free legal counsel in housing court (Access NYC Right to Counsel).

Local housing courts, such as the New York City Housing Court, oversee these cases. For the rest of the state, refer to your county’s civil court or visit the NYS Unified Court System for guidance.

Action Steps: What to Do if You Receive an Eviction Notice

If you’re served eviction papers in New York, quick action protects your rights:

• Read all documents carefully and note court dates.
• Submit an Answer Form (CIV-GP-78) to the court as soon as possible—and raise any COVID-19 hardships or ERAP status if relevant.
• If needed, file an Order to Show Cause (OCA 900) to delay the eviction, especially if you have a pending ERAP application or a medical/disability hardship.
• Contact legal aid or tenant organizations for help (see resources below).

FAQ: Renters' Questions About COVID-19 Eviction Protections in NY

1. Are there still COVID-19 eviction moratoriums in New York?
   No, the statewide COVID-19 eviction moratorium ended in January 2022. However, some renters remain temporarily protected if they have a pending Emergency Rental Assistance Program (ERAP) application.
2. If I applied for rental assistance, can I still be evicted?
   Generally, if you have a pending ERAP application, most landlords cannot proceed with your eviction until your application is decided. Make sure to inform the court and submit proof of your application.
3. What forms should I submit if I need more time before an eviction?
   You can submit an Order to Show Cause (OCA 900) to the court, requesting additional time or a temporary stay of eviction.
4. Can I raise COVID-19 hardship as a defense in court?
   Yes. While the Hardship Declaration is no longer accepted, you may mention economic or medical hardship during your court appearance or in your Answer Form (CIV-GP-78).
5. Where can I get legal help if I’m facing eviction?
   Several agencies offer free legal assistance, including the NY Court Help page and local tenant organizations (see resources below).

Conclusion: Key Takeaways for New York Renters

• Most COVID-19 eviction moratoriums in New York have ended, but renters with pending ERAP applications still receive some temporary protections.
• You retain strong rights under New York State Real Property Law, including fair court processes.
• Use official forms, ask for help, and show up to court to maximize your protections.

Need Help? Resources for Renters

• New York City Housing Court (Civil Court of the City of New York) – Official tribunal handling residential tenancies in NYC
• NYS Emergency Rental Assistance Program (ERAP)
• NYC Tenant Legal Assistance – Free legal services for income-qualified renters
• NY Courts: Help with Evictions
• New York State Real Property Law – Tenant Rights and Responsibilities

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1. New York State Real Property Law
2. NY Courts – Eviction Proceedings & COVID-19 Protections
3. NYS Emergency Rental Assistance Program (ERAP)
4. NY Courts: Answer Form for Nonpayment Proceedings (CIV-GP-78)
5. Order to Show Cause (OCA 900) Form and Instructions
6. NYC Housing Court (Civil Court of the City of New York)

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