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New York's commercial tenants won't face eviction until 2021 if they are unable to pay their rent


New York’s commercial tenants won’t face eviction until 2021 if they are unable to pay their rent, Gov. Cuomo announces

  • New York Governor Andrew Cuomo has extended a moratorium protecting commercial tenants from eviction 
  • Cuomo announced the news Tuesday as the last extension was due to run out 
  • Landlords will not be able to kick out financially struggling businesses from their buildings until at least January 1, 2021
  • Last month, Cuomo granted residential tenants the same relief until next year
  • The expansion of the residential moratorium include cases where a judgment or warrant of eviction was granted prior to March 7, 2020 

New York Governor Andrew Cuomo has extended a moratorium protecting commercial tenants from eviction amid the coronavirus pandemic.

Businesses struggling due to lockdowns and social distancing rules can stay in their buildings until at least the end of this year, Cuomo announced Tuesday as a month-long extension of the original order – which expired September 20 – was due to run out.

It gives renters and mortgagors more time to catch up on payments or to renegotiate their lease terms to avoid foreclosure in the future.

Now, like a moratorium for residential tenants, landlords will not be able to kick out those who are unable to pay rent due to issues related to the COVID-19 outbreak until at least January 1, 2021.

New York Governor Andrew Cuomo has extended a moratorium protecting commercial tenants from eviction. He announced the news Tuesday as the last extension was due to expire

New York Governor Andrew Cuomo has extended a moratorium protecting commercial tenants from eviction. He announced the news Tuesday as the last extension was due to expire

Landlords will not be able to kick out financially struggling businesses from their buildings until at least January 1, 2021. A woman reads a sign at a closed store in the Borough Park section of Brooklyn, New York on October 9

Landlords will not be able to kick out financially struggling businesses from their buildings until at least January 1, 2021. A woman reads a sign at a closed store in the Borough Park section of Brooklyn, New York on October 9

Last month, Cuomo granted residential tenants the same relief until next year. Demonstrators are pictured October 1 in New York City

Last month, Cuomo granted residential tenants the same relief until next year. Demonstrators are pictured October 1 in New York City

Cuomo granted residential tenants more relief on September 28 to protect people suffering financial hardship during the public health emergency.

The governor announced protections for residential tenants on March 20 and on June 30 signed the Tenant Safe Harbor Act which became effective immediately.

The protections come alongside legislation providing financial assistance to both renters and landlords.

His Executive Order from last month extends the protections of the Tenant Safe Harbor Act to eviction warrants that existed prior to the start of the pandemic.

‘Chapter 127 of the laws of 2020 is modified to the extent necessary to prevent, for any residential tenant suffering financial hardship during the COVID-19 state disaster emergency declared by Executive Order 202, the execution or enforcement of such judgment or warrant,’ the executive order reads.

It adds: ‘Including those cases where a judgment or warrant of eviction for a residential property was granted prior to March 7, 2020, through January 1, 2021.’

The expansion of the residential moratorium include cases where a judgment or warrant of eviction was granted prior to March 7, 2020. Demonstrators are shown during a rent strike protest on October 1

The expansion of the residential moratorium include cases where a judgment or warrant of eviction was granted prior to March 7, 2020. Demonstrators are shown during a rent strike protest on October 1

Protesters created Abolition Living Room demanding cancel rent in front of 633 3rd Avenue, Manhattan where the NYC office of the Governor is located

Protesters created Abolition Living Room demanding cancel rent in front of 633 3rd Avenue, Manhattan where the NYC office of the Governor is located

Governor Cuomo said last month that as New York continues to fight the pandemic, ‘we want to make sure New Yorkers who are still struggling financially will not be forced from their homes as a result of COVID’.

‘We are extending the protections of the Safe Harbor Act through January 1 because we want tenants to have fundamental stability in their lives as we recover from this crisis,’ he added.

In August dozens of people marched through Brooklyn to protest the impending expiration of a previous order as 14,000 families risked being homeless, according to Legal Aid Society.

At the time he said he will keep extending it for as long as the coronavirus pandemic continues to ravage the livelihoods of New Yorkers.

‘Until when? Until I say COVID is over,’ he said.

The moratorium puts these proceedings on hold but, once expired, these can be carried out.

Even tenants protected by the Tenant Safe Harbor Act could have been taken to court by their landlords to recover missed rent payments however the executive order could help the tenant fight the case.

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