AG James asks landlords not to raise rents if pandemic rental assistance accepted

Landlords who receive payments from the Emergency Rental
Assistance Program cannot raise rents for 12 months 

New York: New York Attorney General Letitia James issued an advisory to landlords reminding them that they cannot raise rents if they accepted or plan to accept funding from the state’s Emergency Rental Assistance Program (ERAP), which was recently expanded in the state’s budget. Landlords who accept payments from the program are prohibited from raising rents for a year after they receive the funds. Attorney General James is ready to take action to protect tenants if landlords fail to abide by ERAP’s rules. 

“The rules are clear: Landlords who accept ERAP payments cannot raise rents for 12 months,” said Attorney General James. “This program was created to support struggling tenants and keep New Yorkers in their homes during the pandemic. Landlords who accepted payments from the state yet are still raising rents are double dipping and breaking the law. I urge any tenant who accepted ERAP payments and received a new lease with rent increases from their landlord to contact my office.” 

ERAP is a rent relief program that provides support to low- and moderate-income tenants across the state who could not pay rent during the pandemic. Since the state started accepting applications in June 2021, it has provided hundreds of thousands of New Yorkers with financial support to pay off back rent. It pays up to 12 months of rental arrears accrued on or after March 13, 2020 as well as up to three months of additional rental assistance going forward. In addition, the program pays up to 12 months of electric or gas utility arrears that accrued on or after March 13, 2020. The program was recently infused with an additional $800 million. 

The Office of the Attorney General (OAG) has received reports from tenants that landlords who accepted ERAP payments are sending them renewal leases with rent increases amid the 12-month grace period. While these leases may be generated automatically by management, landlords are cautioned not to seek rent increases in renewal or new leases that commence during the 12-month period. 

“Now more than ever, it is critical for tenants across New York to empower themselves and know their rights under ERAP, and for landlords to adhere to the law,” said Judith Goldiner, attorney-in-charge of Civil Law Reform Unit, The Legal Aid Society. 

Image courtesy of thesatimes

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