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Listen: New York’s Eviction Moratorium Defanged by Supreme Court

The Legal Aid Society’s Ellen Davidson appeared on WNYC’s The Capitol Pressroom to discuss what a recent Supreme Court ruling on New York State’s eviction moratorium means for tenants, and what the state must do to help.

The high court specifically struck down the part of the law which protects tenants who have filed a declaration of hardship. But Davidson noted that there are still protections in place for tenants, specifically if they have filed for New York State’s Emergency Rent Relief Program (ERAP).

“While your application is being considered the landlord is not allowed to move forward with a case and the court is not allowed to move the case forward,” she said. “If you’ve been holding off you need to apply for rent relief immediately.”

She also explained that amending the state moratorium legislation by adding an option for landlords to challenge a tenant’s declaration of hardship at a hearing would satisfy the legal concerns raised in the Supreme Court.

Davidson urged the New York State legislature to reconvene immediately in order to make that critical change and also to extend the moratorium, which is set to expire on August 31, 2021.

Listen to the full segment below.