New York’s latest eviction ban closes a lot of the gaps left by the previous moratoria from the state and the Centers for Disease Control and Prevention, offering protections for tenants and landlords. For tenants, it includes a blanket eviction ban for two months and an extended ban until May 1st if they provide a signed form, a so-called “hardship declaration” indicating they’ve been impacted by the pandemic. It also includes protections for small landlords who own fewer than ten units.
To help sort it out, North Country Public Radio talked with Tara Glynn, housing attorney with Legal Aid Society of Northeastern New York.
The availability of financial assistance funds and eligibility standards vary. Protection from eviction under the Tenant Safe Harbor Act, the CDC Moratorium/Declaration or other local protections and policies may also limit the availability of financial assistance funds. Make sure to call ahead.
If you are homeless and seeking shelter or financial assistance contact your county Department of Social Services. Some of the agencies listed below may also be able to assist.
Click here for information regarding Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Saratoga, Schenectady, St. Lawrence, Warren, and Washington Counties.
William Bardwell is spending his nights at the City Mission of Schenectady shelter, his days walking the frozen streets, as he waits for his $1,200 stimulus check to arrive, eight months late.
Bardwell, 43, was an environmental field technician, until he was laid off in March due to the pandemic, he said. Then his house was vandalized —windows and doors smashed — so severely that it was no longer up to code to live in. But Bardwell can’t afford to fix it.
“I’m on bad times right now,” Bardwell said Thursday. “The money they put out federally, saying they want to help everybody — I never got mine.”
In April, Congress decided to award most Americans a $1,200 direct payment to help them weather the pandemic, business closures and an economic recession. The IRS has made approximately 160 million economic impact payments, and millions of people received checks within weeks of the legislation passing.
IF YOU HAVE A FEDERAL HOUSING AUTHORITY (FHA) MORTGAGE AND A SINGLE FAMILY HOME, THEN:
Your servicer may not start or proceed with a foreclosure on your home until February 28, 2021.
If your house has been foreclosed on, you may not be evicted until February 28, 2021.
If you are having trouble making your mortgage payments, you should ask your servicer (the organization where you make your payments) for a forbearance before February 28, 2021. Your servicer is required to give you a forbearance and to extend it if necessary.
For more information about FHA options, go to https://fha.gov/covid-19.html. If you need legal assistance with your mortgage or foreclosure, contact the Legal Aid Society of Northeastern New York (LASNNY) at 833-628-0087.
Legal Aid Society of Northeastern New York, Albany County Bar Association & The Legal Project came together virtually on Wednesday, December 9th to present awards and grants.
WELCOME REMARKS
Lillian M. Moy, Esq., LASNNY Executive Director
AWARD OF DISTINCTION
Honoring Judge Thomas A. Breslin
Introduction by: Elizabeth Grogan, Esq., Incoming President Albany County Bar Association
LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK
Distinguished Service Awardees: Kelly M. Curro, Esq., Alexander W. Dunshee, Esq., Myleah N. Frary, Esq., Lisa M. Mills, Esq., Joseph W. Pinto Jr., Esq., Walter Ramos, Esq., and Amanda L. Rose, Esq.
Presented by: Victoria Esposito, Esq., LASNNY Advocacy Director
THE LEGAL PROJECT
Honoring Susan Pattenaude, Esq.
Presented by: Michele Pollock Rich, JD, TLP Executive Director
ALBANY COUNTY BAR FOUNDATION
Grant Awardees: Equinox, The Legal Project, In Our Own Voices, and St. Catherine’s Center for Children
Presented by: Judge Christina Ryba, Albany County Bar Foundation President
Anthony Mohen works in the Economic Justice and Community Lawyering Project. He represents clients claiming government benefits, and tenants facing eviction.
Anthony is a Hudson Valley native and lives in Troy with his wife, their dog, and two cats. He moved to Troy from Brooklyn, where he was an attorney at Grow Brooklyn’s Foreclosure Prevention Program for five years, representing homeowners in Brooklyn and Queens. He has also worked at the Crown Heights Community Mediation Center and served as a Clinical Fellow at the Mediation Clinic at NYU School of Law. He received his JD from NYU in 2010.
Shruti Joshi works in the Foreclosure Prevention project where she represents low-to-moderate income homeowners facing foreclosure in the Capital Region.
Shruti graduated with a B.A. LL.B from Symbiosis Law School, Pune, India and received her Master’s in Law (LLM) from the George Washington University Law School in Washington, D.C. Shruti started her career as an in-house counsel specializing in Intellectual Property Law but was quickly enthused into public service after relocating to Albany and volunteering at Legal Aid. She has been at LASNNY since January 2016.
COVID-19 (coronavirus) continues to spread throughout New York State. The courts are still open at this writing, but as of December 7th, 2020 they are hearing only essential cases in person. All other cases are being held virtually.
emergency family offense petitions/temporary orders of protection orders to show cause
stipulations on submission
In housing matters essential cases are:
applications addressing landlord lockouts (including reductions in essential services such as electricity, heat, and water)
applications addressing serious code violations
applications addressing serious repair orders
applications for post-eviction relief (if you have been served with a warrant of eviction and need to have it vacated)
Other essential matters include
Some Mental Hygiene Law applications
Emergency applications which are COVID-related
Some criminal matters
Applications for temporary orders of protection in Supreme Court
Other matters which the judge deems essential
If you have an upcoming court date, you should contact the court as soon as possible to find out how to appear virtually. Generally, you can call the court to find out how to do this; their number should be on any letters you received from the court. They may have questions for you, such as whether you have a smartphone or computer that will work for this.
If you are in Troy and want to appear virtually, please e-mail them at [email protected]. If possible, e-mail them the day before court and include the type of court (such as landlord-tenant) and the day of your appearance.
If you are in Albany and want to appear virtually, please e-mail the court at [email protected]. They will send you back an instruction sheet. If you want to appear virtually and have evidence you want to submit, you need to
contact the court as soon as possible and no later than two days before your court date.
Some courts are postponing all appearances (personal or virtual) for a period of weeks. If you have a court date and are uncertain whether it will be held as scheduled, call the court to find out. If your court date is held as scheduled and you do not appear, you may be held in default.
ALL NEW YORK COURTS HAVE BEEN DIRECTED NOT TO HOLD IN PERSON APPEARANCES. IF YOU HAVE A COURT DATE SCHEDULED IN PERSON, YOU SHOULD CALL THE COURT TO FIND OUT HOW TO APPEAR VIRTUALLY. IF YOUR COURT DATE IS IN TROY OR ALBANY CITY COURT, PLEASE E-MAIL THE COURT FOR INSTRUCTIONS.
The City of Albany is announcing seven (7) much-anticipated public meetings to solicit input for its Policing Reform and Reinvention Collaborative.
Mayor Kathy Sheehan, Chief Eric Hawkins, and the members of the City of Albany Policing Reform and Reinvention Collaborative want the public’s input as they continue the important work of eliminating structural racism and bias through transforming policies, procedures, and programs within the Albany Police Department. The City of Albany is grateful for the public’s continued willingness to make its voice heard as we reimagine policing in our community.
To download a video overview of the public meetings on Police Reform from Mayor Sheehan and the Chairs of the Working Groups, visit: https://drive.google.com/file/d/1DUj0pZVMEj9DtyoZo-
nqUL7Vwg1_TgcG/view?usp=sharing
The public meetings will be held virtually on Zoom at the following dates and times:
CBS 6 investigates the pandemic prolonging the legal process.
Emily DeFeciani looks into how the courts slowing down is adding stress to domestic violence survivors.
Joanna Davis is a Senior Staff Attorney at The Legal Aid Society.
She says even though domestic violence cases have been deemed essential matters, it’s been a tough time for her clients having to endure a prolonged legal process.
“It’s an added layer of stress that unfortunately is making it more difficult for them to be able to access the remedies the court can give such as child support, temporary custody orders, final custody orders, and I think coupled with what’s going on in the world with the pandemic, it just compounds the trauma for our clients.”
Davis says appearances are being held virtually and courts are trying to move cases along as safely as possible.
