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Description of Program and Relief

Moratorium on Evictions for Residential and Commercial Tenants

Governor Andrew Cuomo issued the New York State on PAUSE Executive Order (the “PAUSE Order”) on March 20, 2020, including a directive prohibiting enforcement of either an eviction of any residential or commercial tenant, or a foreclosure of any residential or commercial property for a period of 90 days, effective Sunday March 22, 2020 at 8:00 pm. On May 7, 2020, Governor Cuomo extended the Moratorium, by executive order, for another 60 days until August 18, 2020.

Governor Cuomo issued Executive Order 202.28 on May 7, 2020, including a directive prohibiting any landlord, lessor, sub-lessor or grantor to demand any payment, fee or charge for late payment of rent occurring between March 20, 2020 and August 20, 2020.

By the same Executive Order, New York tenants or licensees, who are eligible for unemployment insurance or benefits under state or federal law or are otherwise facing financial hardship due to the COVID-19 pandemic, can direct their landlords to use their security deposit to offset rent or back rent, effective May 7, 2020 until June 6, 2020, unless continued.

Any security deposit used as a repayment of rent shall be replenished by the tenant or licensee, to be paid at the rate of 1/12 of the amount used as rent per month. The payments to replenish the security deposit shall become due no less than 90 days from the date of the use of the security deposit as rent. The tenant or licensee may, at their sole option, retain insurance that provides relief for the landlord in lieu of the monthly security deposit replenishment. The landlord must accept such insurance as replenishment.

Government or Lead Agency

The Office of the New York State Governor and the Empire State Development Corporation

Dates Available

Moratorium on Evictions: Effective Sunday March 22, 2020 at 8:00 p.m. through August 18, 2020, unless continued.

Prohibition of Late Payment Fees: Rent occurring between March 20, 2020 and August 20, 2020.

Using Security Deposit to Offset Rent: Effective May 7, 2020 through June 6, 2020, unless continued.

Eligibility Requirements/Restrictions

Moratorium on Evictions: Anyone eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic

Using Security Deposit to Offset Rent: Tenants or licensees who are eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic

Contact for More Information

We are awaiting further guidance or additional orders from the Governor’s Office.

List of Additional Information

The text of the PAUSE Order is available here.

The text of the Executive Order extending the PAUSE Order’s moratorium on evictions, prohibiting late payment fees for rent and directing use of security deposit to offset rent is available here.

More information is available on the Governor’s Office website here: https://www.governor.ny.gov/news/governor-cuomo-signs-new-york-state-pause-executive-order, and here: https://coronavirus.health.ny.gov/home.


© 2020 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

© 2020 Paul, Weiss, Rifkind, Wharton & Garrison LLP

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