Under New York State law, residential evictions and eviction cases in Housing Court are suspended through February 26, 2021. Tenants who have experienced financial hardship or for whom moving from their home would pose a hardship during the COVID-19 pandemic, including those who were facing an eviction proceeding or who received a judgment or warrant of eviction, may not be evicted through May 1, 2021 by providing a completed Hardship Declaration to their landlord.
You can download a Hardship Declaration in English or in Spanish.
Although these protections may prevent a landlord from evicting a tenant, a landlord can still file a proceeding against a tenant in Housing Court and a court can still allow the landlord to take other legal action to collect unpaid rent from the tenant.
You cannot be evicted for nonpayment or any other reason unless the court has issued a Warrant of Eviction. Only a Marshal or Sheriff can carry out a warrant and remove tenants from their home. Landlords cannot lock out tenants.
Pre-COVID Eviction Cases
If you received an eviction notice before March 16, 2020, your landlord must file a motion and get permission from the housing court to evict you.
If you are facing an eviction case that was filed on or before March 16, 2020, the case may proceed only if the Housing Court holds a status or settlement conference with the parties.
Nonpayment Eviction Cases
Tenants who have not yet answered a nonpayment petition filed against them must file an answer with the court. Failure to answer an eviction petition could lead to a default judgment against a tenant, which can lead to eviction. A tenant who receives a petition for a Housing Court eviction case does not need to go to the courthouse to respond in person.
If you are in an immediate housing crisis or need eviction prevention services, please visit the Eviction Prevention and HomeBase page.
If you have questions about the eviction moratorium, the COVID financial hardship law, or other legal issues, you can contact the City’s Tenant Helpline. The Mayor's Office to Protect Tenants (MOPT) can help you with questions about your tenancy and connect you with free legal assistance through the Human Resources Administration’s Office of Civil Justice.
You can receive free legal services under the City’s Right-to-Counsel law if you:
- Are facing eviction in Housing Court or a NYCHA administrative proceeding, or
- Received an eviction petition, a warrant of eviction, or other Housing Court papers, or
- Received a notice that your eviction case is scheduled for a conference
The Right to Counsel program, also known as Universal Access to Counsel, is now available citywide.
To learn more, go to the Coronavirus (COVID-19) and Tenants page.