The Legal Aid Society is calling on the New York State Legislature to reconvene immediately to enact a viable eviction moratorium that will comply with a recent Supreme Court ruling, as reported by the Queens Daily Eagle.

The Supreme Court struck down the previous moratorium because there was no mechanism in place for landlords to challenge declarations of hardship made by tenants. Adding that mechanism in the form of a hearing would satisfy the high court’s mandate.

“We call on the NYS legislature to return to work and pass an eviction moratorium that will allow a hearing on the tenant declaration of hardship,” a statement released by Legal Aid reads. “This minor adjustment will prevent thousands of New York residents from losing their homes. Lawmakers must commit to a moratorium that lasts until the state gives out all of the $2.3 billion in emergency rent relief money and the COVID-19 crisis has passed.”

A new moratorium will also help to keep tenants and landlords healthy by avoiding a deluge of eviction proceedings in Housing Court as the city experiences a surge in the Delta variant of the COVID-19 virus.

In the meantime, Legal Aid is asking all eligible tenants to apply for funds from the State’s Emergency Rent Relief Program. Applying offers significant protection because while an application is being considered the landlord and court are not allowed to move forward with an eviction proceeding.