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two month behind Rent

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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two month behind Rent

Postby Cylon452 » Wed Jul 29, 2020 10:45 pm

Today i am 2 month behind in my rent. I can pay July rent on august 12 that is when i get my disability payment. Than i will be one month behind. In other words i can only pay August rent on Sept 9th 2020.

I fell behind because my wife isn't working due to covid-19. That's how i got in this spot.
What happens in this situation ?

To my understanding i have to pay all rent by Aug 20 2020. Is this true ?
Due to covid-19 i fell behind.

I know the LL cannot start an eviction by reading this.
https://portal.311.nyc.gov/article/?kanumber=KA-01075

But my question is this.
Can the LL file for an eviction to housing court because i am 2 months behind.

I'm sure others reading this will in the same boat and need clarification of the link above.
Cylon452
 
Posts: 79
Joined: Fri Jan 20, 2012 12:11 pm

Re: two month behind Rent

Postby TenantNet » Thu Jul 30, 2020 2:12 am

Sorry to hear about your predicament. Perhaps the only solace is that many others are similarly affected by the COVID pandemic. Given the circumstances, being about one-month in arrears is not that bad.

While there has been an eviction moratorium for the last several months and the courts have been closed, the courts are getting back to normal, although not with any great speed. Even if a LL were to file a non-pay petition in housing court today, there are backlogs and restrictions. To be honest, the situation changes from day-to-day and even the lawyers and court clerks are stumped as to what is allowable and what is not. Judges are equally unsure.

The state passed the Safe Harbor Act and the Rent Relief bill (for the latter you can apply for until tomorrow), but in our opinion, both of those bills are not good for tenants. Neither bill cancels rent. You would still owe it eventually.

I can't give you an absolute "all rent is due by ___" or "this is what happens on August 20" answers as they really doesn't exist. From the view of your LL, rent is due on the first of the month. The problem is what is the LL's remedy? The courts have been closed and re-opening is very slow with a large backlog, and with plenty of adjournments.

Some tenants try to work with their landlords and surprisingly some landlords are willing to work with their tenants. What's the alternative? Your situation does not seem as dire as some others. If you can maintain a lateness of about 45 days, and the LL knows this, they may be less willing to come after you. Even a late payment is better than no payment.
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Re: two month behind Rent

Postby Cylon452 » Sat Aug 01, 2020 2:22 am

Thank you for answering my question. I am sure it will help others as well.
Also i spoke to DRIE/SCRIE. There is a 180 day ( 6 month application for refiling ) for filing your renewal application. see here:
https://www1.nyc.gov/site/rentfreeze/to ... forms.page

I suggest everyone to file way before the 6 month grace period. DRIE sent my renewal application late. Form: Application -Rev 11.15.2019.

On their website is a new form. Rev 03.27.2020.
https://www1.nyc.gov/assets/rentfreeze/ ... packet.pdf

I was told to use the one sent to me in the mail ( Rev. 11.15.2019)

Not all cases may be the same. Call 311 and they will transfer you to the DRIE/SCIE also known as the finance dept. They will tell you which form to use.
DRIE/SCRIE Hours around 9am to 4:30pm

SCRIE:
https://www1.nyc.gov/site/rentfreeze/to ... tions.page
DRIE:
https://www1.nyc.gov/site/rentfreeze/to ... forms.page

Tenant.net thank you for helping me and others all these years.
May you all be safe in these time.
Cylon452
 
Posts: 79
Joined: Fri Jan 20, 2012 12:11 pm

Re: two month behind Rent

Postby TenantNet » Sat Aug 01, 2020 2:41 am

You raise the SCRIE/DRIE issue, which put an entirely different light on things.

Do you have SCRIE/DRIE already looking for a renewal, or wanting to file for the first time? If you qualify (age, income, etc), then SCRIE/DRIE limits the increase you can get, not the rent itself. The LL gets the value of the increase in the form of tax credits.

Yes, there is a six-month grace period (that's a regular feature, unrelated to COVID). So if your renewal is supposed to happen by Sept. 30, then you have until the end of March 2021 to get all your paperwork in. Even then I know of instances where they have some flexibility.

If 311 even knows what SCRIE is, well that's new. The programs also have Ombudspersons, which we have found willing to help.
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