NEW RULES - RESIDENTIAL LANDLORD & TENANT - SAFE HARBOR ACT

Signed on June 30, the purpose of the Tenant Safe Harbor Act is to help keep residential tenants in their homes following the COVID-19 pandemic by allowing only money judgments, and not evictions, for unpaid rent that comes due while restrictions are in place due to COVID-19 on businesses, public accommodations, and nonessential gatherings. Thus, the act, during the COVID-19 covered period,: (1) prohibits courts from issuing a warrant of eviction or judgment of possession against a residential tenant or other lawful occupant that suffered financial hardship during the COVID-19 covered period for the nonpayment of rent that accrues or becomes due during the COVID-19 covered period, (2) allows tenants to raise financial hardship as an affirmative defense and provides factors a court may examine in determining hardship, and (3) allows courts to award a judgment for the rent due and owing to a landlord in a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law.