NEW YORK – New York Attorney General Letitia James has 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. James stated that her office 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 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 AG’s office stated.
Landlords who accept ERAP payments agreed:
- Not to increase the monthly rental amount for one year from receipt of the ERAP payment
- To waive any late fees due on any rental arrears covered by the ERAP payment
- Not to evict ERAP recipients when their lease expires. (This does not apply if the apartment is in a building of four or fewer units and the property owner or owner’s immediate family members intend to immediately occupy the unit for use as a primary residence)