The U.S. Supreme Court Struck Down NY’s Eviction Moratorium. Here’s What That Means.

Image from ITU anti-eviction action in October 2020

Last night, the U.S. Supreme Court ruled that the NYS moratorium cannot continue, specifying that declaring hardship using a form can’t be a valid legal defense. While the Court only took issue with that specific part of the moratorium, they cannot edit State laws, so the entire moratorium law has been struck down. Here’s an FAQ on this situation created by Housing Justice For All, as well as a petition for NY to instate a new, fixed moratorium.

This means that anyone who has filled out a Hardship Declaration Form for the NYS Moratorium is no longer protected from eviction, and landlords can file for eviction immediately. This does NOT mean you can be evicted immediately. The court will give at least 2 weeks between filing and initial hearing, and will give more time before a warrant of eviction is granted. Please see our Tenants Rights Guide’s sections on Eviction and Eviction Court for more info on the process.

Next steps to protect yourself and your neighbors from eviction:

1. DO NOT SELF EVICT: It is extremely important to remember that eviction proceedings are long and there are other anti-eviction laws in place. It is a misdemeanor for landlords to evict you on their own — only a judge is allowed to do that. See the Rights Guide’s Landlord Harassment section for more information on illegal harassment.
2. Come to the Tuesday 8/17 Issues & Organizing meeting. We will be doing an info and Q&A session about the legal situation, and discussing upcoming eviction defense training and organizing. The link will appear on our email list — visit https://ithacaTU.org/join to sign up.
3. Apply for the Emergency Rental Assistance Program (ERAP): If you apply for this program, your landlord cannot move forward with your eviction. This is the strongest protection we have to keep people in their homes. Apply for ERAP by clicking here, or call 211 during business hours for assistance from staff dedicated to ERAP application help.
4. Sign up for the federal CDC moratorium: The federal government has extended their moratorium to October 1st. It is not as strong as the NY State Eviction Moratorium, requiring tenants to prove hardship and continue paying as much rent as possible, but if you sign the CDC declaration of hardship, it will provide you with a defense in court if your landlord tries to evict you. You can sign up for the CDC moratorium by clicking here.
5. Talk to your neighbors and convey this information to them.

How to take organized action immediately:

1. Sign HJ4A’s petition demanding a special session of the state legislature to instate a new moratorium and fix ERAP! Sign on now!
2. Call your legislator and demand that they return to legislative session to extend and fix the moratorium. Click here to call!
3. Take action with tenants statewide on Thursday August 19th! Join a march and rally at Cadman Plaza in Brooklyn at 9AM. RSVP here.