Provided by:  Jennifer Kirschenbaum, Esq.

September 14, 2020

Question:

Dear Jennifer,

My subtenant in Hoboken has not paid rent in quite a long time.  Can I seek judicial intervention yet?

Thank you!

Best,
Dr. J


Answer: 


Well, Governor Hochul extended the eviction moratorium to January 2022, but with a catch…the tenant in proscribed instances must present evidence of financial hardship to avoid eviction, which is a new development.  For instances of abusive use of pandemic protections, landlords and banks have a way in to prevent being taken advantage of.  So, yes you can seek judicial intervention Regardless if you prevail challenging a position of hardship, if you do have a hold over tenant and you require judicial intervention for assistance, now is the time to get facts and support sorted.  The line for redress at this point doesn’t just extend out the door, it loops around the block and back. 

here is NY’s summary - https://www.governor.ny.gov/news/governor-hochul-signs-new-moratorium-covid-related-residential-and-commercial-evictions-law