Few evictions have been carried out in some of the Capital Region’s most populous areas since the suspension of the state’s moratorium, according to recent data.
After the law protecting tenants who had experienced financial hardship during the COVID-19 pandemic expired on Jan. 15, residents in 39 households were displaced from their residences in Albany.
The same happened to 14 in Saratoga County and 30 in Schenectady County. In Rensselaer County, 13 residential households were served notices. All the data is kept by local sheriff’s offices, which has the responsibility of enforcing evictions.
Yet, those numbers are unlikely to reflect the avalanche of evictions that may still come, said Robert Romaker, managing attorney for Legal Aid Society of Northeastern New York; he called the data, “a pretty minuscule percentage of the cases that are actually in the pipeline.”
The recent data from the New York State Unified Court system could be foreshadowing an impending crisis. Approximately 471 eviction cases have been filed in Albany County from the start of the year through Feb. 14.
With New York’s moratorium on residential foreclosures scheduled to expire this Saturday, January 15, 2022, thousands of New York homeowners are at risk of losing their homes. While Governor Kathy Hochul and legislators continue to mull a deadline extension, the Homeowner Protection Program (HOPP) funding campaign, comprised of 89 organizations that provide legal and housing counseling services to homeowners in every county in New York State, urge Governor Hochul to include funding for the HOPP in the upcoming Executive Budget due out on January 18, 2022.
“New York homeowners are in trouble,” said Jacob Inwald, Director of Foreclosure Prevention at Legal Services NYC. “The average homeowner delinquency rate reached an all-time high during the pandemic, an average of 10.75%, or 433,423 homeowners, in distress over a recent three-month period (July 21 to October 11). When you compare that to the pre-pandemic delinquency rate of 3.3%, and the historical high 7.7% in 2012, it becomes painfully obvious just how dire circumstances are for New York homeowners, particularly homeowners of color who report a 19.8% delinquency rate compared to a 6.6% rate of white households. We are urging Governor Hochul and the legislature to act fast so homeowners in danger can stay in their homes.”
“New York’s HOPP network provides critical services including helping homeowners apply for Homeowner Assistance Funding, negotiating with mortgage servicers, representing homeowners in New York’s mandatory settlement conferences and preventing homeowners from falling prey to foreclosure rescue scammers,” said Kirsten Keefe, Senior Attorney at the Empire Justice Center and Director of their HOPP Anchor Partner Program.
Last month, the HOPP funding campaign coalition sent a letter (here) to Governor Hochul signed by 70 organizations across NYS explaining the urgent need for $35 million in HOPP funding in the upcoming Executive Budget, with a commitment of $40 million for each of the succeeding two years.
About Homeowner Protection Program Funding Campaign.
The Homeowner Protection Program (HOPP) funds 89 nonprofit legal services and housing counseling agencies, serving every county across the state. These community-based organizations employ hundreds of specially trained lawyers and housing counselors. HOPP is the only source of dedicated funding for foreclosure prevention, and one of the only statewide programs supporting low-income and working-class homeowners. HOPP agencies assist homeowners applying for Homeowner Assistance Funds (HAF), provide representation in New York’s mandatory foreclosure settlement conferences leveling the playing field, and help homeowners negotiate with their lenders to avoid loss of their home. Foreclosure prevention services were established in 2008 with $25 million in state general fund dollars to NYS Homes and Community Renewal. Today, HOPP is run by the NYS Office of the Attorney General. In the aftermath of the COVID-19 pandemic, with record high delinquency rates, NYS’s struggling homeowners are more in need of these services than ever.
The IRS is experiencing massive backlogs because of the Covid-19 pandemic. It may take 9-12 months for your return to be processed and to receive your refund if you physically mail your return to the IRS. However, you can generally expect to receive your refund in three to four weeks if you electronically file the return.
You can electronically file your 2021 return starting Monday, January 24, 2022.
The IRS’s “Free File” Program may be able to help. Free File partners will e-file your return for free. This year, you can e-file with Free File if your adjusted gross income is $73,000 or less. Links to these free tax preparation and e-filing services are available at www.irs.gov/freefile
Free tax assistance is also available in many communities. The Volunteer Income Tax Assistance (VITA) Program and Tax Counseling for the Elderly (TCE) Program provide free tax preparation and e-filing services. Locations can be found at www.irs.gov/vita or from your local United Way. The AARP Tax Aide Program also provides free tax preparation. VITA, TCE, and Tax Aide each have different eligibility requirements.
If you qualify for the Earned Income Tax Credit (EITC), you also qualify for free tax help by IRS-trained volunteers. You may qualify for the EITC even if you’re single and have no children. EITC eligibility can be complicated. Check if you qualify at www.irs.gov/eitcassistant
In addition to e-filing, you will usually receive your refund faster if you ask for the payment to be directly deposited into your bank account.
If you have questions about e-filing, refunds or other income tax issues, the Legal Aid Society of Northeastern New York’s Low-Income Taxpayer Clinic (LITC) may be able to help. The Clinic’s services are free of charge. You can call the LASNNY Legal Line at (833) 628-0087 and ask for our LITC. The Clinic does not generally provide tax preparation services.
The day before New York’s statewide eviction moratorium was set to expire on Saturday, residents of state Sen. Cordell Cleare’s upper Manhattan district got a prerecorded call from her office in Harlem.
“Tenants who’ve lost income due to COVID-19 and were unable to pay rent during the pandemic may once again apply to the state’s Emergency Rental Assistance Program,” Cleare’s message said. “Applying for the program will help protect eligible tenants from eviction, and get them in line for funding if more arrives.”
That funding may never come. But lawmakers and advocates across the state, like Cleare, are scrambling to let tenants know that the built-in eviction stay for ERAP applicants with pending cases is one of several reasons last weekend’s moratorium-end may not mean inevitable or immediate eviction for nonpaying tenants.
According to the Office of Temporary and Disability Assistance, which is overseeing the program, more than 255,000 New York households were already protected from eviction under ERAP prior to last week. More than 6,600 people applied since the portal reopened – it started accepting petitions again on Jan. 11 — after a judge ruled it had closed prematurely, even though funding has dried up.
But even for those tenants who never put in ERAP applications, the eviction process cannot happen overnight.
“For nonpayment of rent eviction, the law changed in New York in 2019 to make these timeframes stretch out longer,” said Robert Romaker, managing attorney at the Legal Aid Society of Northeastern New York. His office represents tenants across five counties in the region: Albany, Schenectady, Rensselaer, Columbia and Greene.
Tuesday was the first day New York landlords and mortgage lenders could file eviction and foreclosure notices after nearly two years.
Saturday marked the end of the state’s pandemic eviction moratorium that allowed for protections for renters and homeowners.
An expert from the Legal Aid Society says she’s concerned there will be a flood of cases coming through the courts, as an unprecedented number of people are behind on their home payments.
“There is no restriction, the courts are open for new filings, and there is a lot of pent up delinquencies, especially New York compared to back when the great recession happened and the mortgage foreclosure crisis,” said Marlene Morales, who supervises the Foreclosure Prevention Project at the Legal Aid Society.
In exactly one month, New York State’s Eviction Moratorium is slated to end. The moratorium halted evictions if renters filed paperwork stating the pandemic affected their ability to pay their rent.
On Wednesday, the Legal Aid Society of Northeastern New York was awarded a $2.4 million grant which will go towards helping people stay in their homes. “We know how important shelter is to anyone’s life and that’s what we hope this money can be used for,” says Lillian Moy, Executive Director of Legal Aid Society of Northeastern New York.
“Regardless of the reason you think you’re going to be evicted. Whether you owe money. Maybe you stopped paying rent because of poor housing conditions. I think it’s a very important time for people to contact us to get some basic legal services,” Moy says.
The U.S. Department of Housing and Urban Development (HUD) on Tuesday announced $20 million in inaugural grants from its Eviction Protection Grant Program, the first of its kind for the Department. These grants will be awarded to legal service providers to assist in providing legal assistance to low-income tenants at risk of or subject to eviction. The Eviction Protection Grant Program is part of HUD’s continued work, as part of a whole of government approach, to support families recovering from the public health and economic impacts of the COVID-19 pandemic.
HUD has selected and offered grants to 10 organizations from across the country to support their ability to expand resolution options for clients at risk of eviction. Over 100 applications were submitted for consideration, making the grant selection process highly competitive.
“As families continue to feel the financial impacts of the COVID-19 pandemic and local eviction moratoria expire, we must continue to do all that we can to prevent evictions and keep people housed,” said Secretary Marcia L. Fudge. “Research shows that access to legal services and eviction diversion programs can help renters avoid eviction and the many harmful outcomes that come along with eviction actions. These programs can also benefit court systems and landlords by reducing eviction caseloads for local court systems and helping landlords access emergency rental assistance so they can maintain housing quality during these uncertain times. That is why our Department is proud to release an inaugural Eviction Protection Grant Program to ensure eviction protection services reach the people who need it most.”
“HUD’s award of Eviction Protection Grants to the Legal Aid Society of Northeastern New York and Legal Assistance of Western New York comes at a critical time as New York State’s moratorium on COVID-related evictions is scheduled to expire on January 15, 2022,” said Stephen Murphy, HUD Deputy Regional Administrator for New York and New Jersey. “This funding will allow the grantees to provide essential legal assistance at no cost to low-income tenants facing eviction, including those living in rural areas. The Legal Aid Society of Northeastern New York with offices in Albany, Amsterdam, Canton, Plattsburgh, and Saratoga Springs can be reached at (833) 628-0087. The contact information for Legal Assistance of Western New York is found at lawny.org/ContactUs.”
The Eviction Protection Grant Program supports experienced legal service providers in providing legal assistance at no cost to low-income tenants at risk of or subject to eviction. Through HUD’s Office of Policy Development and Research, the grants were made available to legal service providers serving or expanding services in areas with high rates of eviction or prospective evictions, including rural areas. This grant program plays an integral role in helping individuals and families, including people of color who are disproportionately represented among those evicted, people with limited English proficiency and people with disabilities, avoid eviction or minimize the disruption and damage caused by the eviction process.
HUD plans to award grants to the following non-profit legal services providers:
Recipient
City
State
Amount of Award
Advocates For Basic Legal Equality
Toledo
OH
$1,000,000.00
Atlanta Volunteer Lawyers Foundation
Atlanta
GA
$1,800,000.00
Community Legal Aid, Inc.
Worchester
MA
$2,400,000.00
Connecticut Fair Housing Center
Hartford
CT
$2,400,000.00
Idaho Legal Aid Services
Boise
ID
$1,800,000.00
Jacksonville Area Legal Aid, Inc.
Jacksonville
FL
$2,400,000.00
Legal Aid Center of Southern Nevada
Las Vegas
NV
$1,000,000.00
Legal Aid Society of Northeastern New York
Albany
NY
$2,400,000.00
Legal Assistance of Western New York, Inc.
Geneva
NY
$2,400,000.00
Legal Services of Eastern Missouri
St. Louis
MO
$2,400,000.00
Background
You can learn more about the extent and impacts of evictions and best practices for addressing them through:
Watch a live conversation on what we know about the eviction crisis through PD&R’s upcoming Quarterly Briefing on December 9th. You can sign up here.
One of the leading interventions to prevent evictions is providing legal assistance to at-risk tenants. Research shows that legal representation helps tenants remain housed while also delivering financial savings to the jurisdictions. For example, a study in Baltimore found that an annual investment of $5.7 million in a right to counsel program in Baltimore would yield $35.6 million in benefits or costs avoided to the city and state. (Stout Risius Ross, LLC. May 8, 2020.The Economic Impact of an Eviction Right to Counsel in Baltimore City).
A right to counsel in eviction proceedings has consistently been found to significantly reduce evictions (Eviction Right to Counsel Resource Center). A study in Minnesota found fully represented tenants win or settle their cases 96 percent of the time and clients receiving limited representation win or settle their cases 83 percent of the time. These figures compare with just 62 percent of tenants without any representation. Tenants with full representation were twice as likely to stay in their homes or got twice as much time to move, left court without an eviction record, and were four times less likely to use homeless shelters (Grundman & Kruger, 2018, Legal Representation in Evictions – Comparative Study). An analysis of California’s Shriver Housing Pilot Projects found clients with full representation were significantly less likely to end their cases by default (8 percent) than were self-represented defendants (26 percent) and on average had more days to move, were ordered less often to pay holdover damages, landlord attorney fees, and other costs (NPC Research, 2017).
Legal Aid Society of Northeastern New York has been awarded more than $4 million to offer free legal assistance to struggling tenants in the Capital Region and parts of the North Country.
Gov. Kathy Hochul announced more than $25 million in federal funding toward housing-stability services Nov. 15, saying the money will be used to help renters avoid eviction in areas outside New York City where legal aid is not available to meet the needs.
The legal assistance is also aimed at helping both tenants and landlords resolve rent-related disputes and maintaining tenants’ housing stability.
“The pandemic has taken a tremendous economic toll on New Yorkers, and we have taken aggressive steps to provide rental assistance and relief to those struggling,” Gov. Hochul said. “These six organizations have long been doing the critical work of providing legal services to vulnerable New Yorkers, and we are proud to partner with them to expand their ability to help tenants across the entire state.”
In total, the Legal Aid Society received $4,076,178. The funding is being administered by the Office of Temporary and Disability Assistance.
Need to attend a virtual court appearance but are lacking transportation, childcare, or computer equipment and/or internet access?
Do you need assistance with completing and/or filing paperwork with a court?
Need help locating and accessing legal services?
Are you looking for community resources such as Domestic Violence, Mental Health, Housing and more?
The New York State Unified Court System 3rd Judicial District in partnership with your community has created the Community Courts Access Program (CCAP) to provide access to you or any person seeking assistance with court matters. The CCAP creates a friendly, safe, and secure space for you to get your court needs met, all within the comfort of your community.
CCAP Program Locations:
Riverview Missionary Baptist Church – 11 Riverview Drive, Coeymans, NY 12045
Fridays – Kiosk Hours: 10:00 a.m. to 02:00 p.m.
Albany Public Library – Pine Hills Branch – 517 Western Avenue, Albany, NY 12208
Wednesdays – Kiosk Hours: 12:00 p.m. to 04:00 p.m.
Unity House – Hoosick Falls Armory – 80 Church Street, Hoosick Falls, NY 12090
