Legal Aid Society of Northeastern New York

New York State Emergency Rental Assistance Program (ERAP)

• New York State Emergency Rental Assistance Program (ERAP)
• NYS’s COVID-19 Emergency Eviction and Foreclosure Prevention Act
• Housing
• Public Assistance
• Unemployment Benefits
• Consumer Debt
• Orders of Protection
• Family Court
• Taxes
• Social Security / SSI
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• NYS Court Orders and Guidance
• NY Federal Court Orders and Guidance
• Remote Notary Procedure
• Utilities
• Health and Life Planning

COVID-19 Information: What’s Changed? What Do You Need to Know?

New York State Emergency Rental Assistance Program (ERAP)

ERAP applications are currently being accepted. You may apply on the OTDA website.

The Office of Temporary and Disability Assistance has released the following information regarding the availability of ERAP funds:

January 4, 2023: Important Update for ERAP Applicants

The 2022-23 State budget includes additional funds to support the Emergency Rental Assistance Program (ERAP). As a result of the additional funding, OTDA is actively reviewing and processing eligible ERAP applications submitted through October 31, 2022.

Specific Jurisdictions with Projected Available Funding

Certain municipalities received ERAP funds directly from the federal government and some have not fully committed these funds. As a result, resources are likely available to fund applications received beyond June 30, 2022, in the areas listed below. Therefore, tenants in these areas are encouraged to apply.

Nassau County (not including the towns of Hempstead or Oyster Bay)

Suffolk County (not including the towns of Babylon, Brookhaven, or Islip)

Areas are expected to be removed from the above list as funds are exhausted.

IMPORTANT NOTE: Applications from subsidized housing tenants whose rent is limited to a certain percentage of income (including public housing, section 8 and FHEPS) are not currently able to be paid. State law requires that these applications be paid after all other eligible applicants have been reviewed and paid. Therefore, at this time, none of the subsidized housing applications can be paid regardless of the date their application was submitted. Residents of public housing are urged to contact their public housing authority to determine if their rent can be adjusted retroactively based on a previous change in circumstances, including a reduction in income.

This notification will be updated as additional funding is available to pay eligible applications submitted after June 30, 2022.

The following applications submitted to the ERAP portal will be denied:

• • Households that have income over 80 percent of area median income
    
  • Households that have already received 12 months of ERAP assistance for rental arrears
    
  • Households that live in the following communities with income up to 80 percent area median income , are not participating in the New York State ERAP program.
  • Households should apply through their local program. This list is subject to change and changes will be noted on this OTDA website.
    
  • Town of Hempstead
    
  • Town of Islip
    
  • Town of Oyster Bay

  Notification Regarding Applications for Households with Income over 80% AMI

  The state-funded program serving households with income over 80 percent and up to 120 percent of area median income closed to new applications on February 14, 2022

  Where You Can Receive Immediate Assistance

  Households who need immediate assistance with help paying for rental arrears, ongoing rent, food or providing heating assistance may apply for assistance through:

  • Their local department of social services office.
    
  • For areas outside of New York City: myBenefits
    
  • The United Way Helpline, which has access to various local services throughout the state. They can be reached by phone by dialing 211.
    
  • New York City residents can obtain information on various local services by calling 311.

  Tenant Protections

  Please refer to the ERAP FAQ’s for an explanation of the tenant protections associated with ERAP.

  For more information on ERAP, please refer to the OTDA ERAP website here.
  

  Am I Eligible?

  You may be eligible for assistance to pay your back rent (beginning March 13, 2020 and up to 12 months) if you are a renter who:

  • Is obligated to pay rent and has rental arrears (rent overdue)
    1. Must show proof of residency and rental obligation (e.g., a lease)
  • Is at risk of homelessness or housing instability
    1. This can be demonstrated by having rental arrears owed on or after March 13, 2020
  • Has received unemployment benefits on or after March 13, 2020 OR has experienced a reduction in income, incurred significant costs, or experienced other financial hardships due, directly or indirectly, to COVID-19
    1. You will have to attest that you meet this criteria when completing the application
  • Has a household income at or below 80% AMI
    1. Find out if you meet this qualification by viewing this chart: AMI CHART
    2. You must provide proof of your income. It can be based on your current monthly income (submit paystubs from the prior months, or an unemployment benefits letter) or your yearly/annual income from calendar year 2020 (submit tax return, W-2s, etc.)

  Please see the Renter’s Checklist for other documents you may need to apply: https://otda.ny.gov/programs/emergency-rental-assistance/Renter-Checklist.pdf

  Households eligible for rental arrears may also be eligible for helping paying utility arrears at the same rental unit.

  Applying for NYS ERAP may:

  • Prevent you from being evicted
  • Pause your eviction proceedings until a determination is made on your NYS ERAP application

  If you are deemed eligible for NYS ERAP, your landlord:

  • May not be able to raise your rent for a year following payment of NYS ERAP funds
  • May not be able to evict you due to an expired lease or holdover tenancy for 12 months after the first NYS ERAP payment is received
  • May need to waive any late fees associated with your back rent
  • Must notify you of the above

  You may ALSO be eligible for 3 months of future rent payments if your rent is more than 30% of your monthly income

  This program is NOT available to homeowners

  Your generosity enables us to provide free civil legal services to those who can't afford it.

  Legal Aid Society of Northeastern New York

  The Legal Aid Society of Northeastern New York fights for fairness, dignity, and justice for those living in poverty and for a society which is inclusive and equitable for all. We transform lives, build community and empower people by using the law to address individual and systemic wrongs and inequities.

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