ERAP Program: Rental Help for Tenants & Landlords


The Emergency Rent Relief Program (ERAP) launched Tuesday June 1, 2021, and is being administered by the Office of Temporary Disability Assistance (OTDA).

NOTE: The information below may be out of date. For updates and application to apply, visit https://nysrenthelp.otda.ny.gov/en/


Who can apply?

  • Tenants may apply directly.

  • Landlords may apply on behalf of their tenants


Who is eligible?

As a NYC tenant, you are eligible for this assistance if you meet all of the following criteria:

• You have fallen behind on rent since the COVID-19 pandemic began in March 2020.

• A member of your household has qualified for unemployment benefits, experienced a reduction in income, incurred significant costs, or experienced financial hardship—directly or indirectly due to the COVID-19 pandemic.

• Your household income (before tax) is currently or was in 2020 at or below 80% of the Area Median Income (AMI). (See chart.)


Who will have priority?


The program is now open to everyone on a first-come-first served basis.


FOR LANDLORDS


Landlords can apply for tenants.


Residents of New York City are Eligible if All Three Conditions are Met:

1. Tenant fell behind paying rent since the COVID-19 pandemic began in March 2020 but was not in arrears prior to March 2020

2. Tenant qualified for unemployment benefits or lost income and/or had an increase in expenses due to the COVID-19 pandemic and can prove it with documentation

3. Tenants' monthly gross (before tax) household income must be at or below 80% of the Area Median Income (AMI). "Household income" is defined as the income of everyone in the home who is over 18 and who works full or part-time.


Additional Information for Landlords

  • ERAP payment satisfies the tenant’s full rental obligations for the time period covered by the payment.

  • Landlord must waive any late fees due on arrears covered by the ERAP payment.

  • No increase is permitted in the monthly rental amount due at the time of application for ERAP assistance for months for which rental assistance is received and for one year from receipt of the ERAP payment.

  • Landlord cannot evict the household for expired lease or holdover tenancy for one year from the receipt of the ERAP payment.

  • An exception to this requirement shall be made if the dwelling unit contains four or fewer units and the property owner or owner’s immediate family members intend to immediately occupy the unit for use as a primary residence.

Documents Checklist

How to Apply - ERAP Portal (ny.gov)

Need help applying?


Call NHS Brooklyn at 718-469-4679 or send us a message here. We will answer your questions or refer you to an organization that can assist.


You may also contact one of these Brooklyn organizations contracted to assist with ERAP applications:

Black Veterans for Social Justice, Inc. 718-852-6004

Good Shepherd Services (GSS)

212-243-7070/718-708-4910

Metropolitan Council on Jewish Poverty 929-292-9480

RiseBoro Community Partnership 718-547-2800


FREQUENTLY ASKED QUESTIONS ABOUT THE PROGRAM


1. I have unpaid rent! Is emergency rental assistance available?


Yes, funding is available through the NYS Emergency Rental Assistance Program (ERAP) for New York City households who are behind on their rent.


Eligible low- and moderate-income households can access:

• Up to 12 months of back rent

• Up to 3 months of additional, future rental assistance

• Up to 12 months of electric or gas payments to cover utility arrears that accrued on or after March 13, 2020


2. What other protections do I get if I am found eligible for assistance?


If you receive ERAP assistance and your landlord accepts the payment, you should be eligible for the following protections in addition to rent relief:

• You cannot be evicted for not paying arrears covered by the ERAP payment.

• Your landlord can never collect any late fees associated with the arrears paid by the ERAP program.

• For one year after the first rental assistance payment is received, your landlord cannot increase your monthly rent payment above the amount it was on the date when you submitted your ERAP application.

• Your landlord cannot bring a holdover or expired lease eviction case against you for 12 months after receiving the first rental assistance payment, with a limited exception for buildings with four or fewer units.


3. How do I know if I am eligible?


As a NYC tenant, you are eligible for this assistance if you meet all of the following criteria:

• You have fallen behind on rent since the COVID-19 pandemic began in March 2020.

• A member of your household has qualified for unemployment benefits, experienced a reduction in income, incurred significant costs, or experienced financial hardship—directly or indirectly due to the COVID-19 pandemic.

• Your household income (before tax) is currently or was in 2020 at or below 80% of the Area Median Income (AMI).


4. How do I apply?


You can apply to ERAP or check the status of your application via this statewide portal: https://nysrenthelp.otda.ny.gov/en/.


A landlord may also apply on a tenant’s behalf.


It is in your best interest to apply early.


For help with your application, visit this DSS-HRA webpage: https://www1.nyc.gov/site/hra/help/new-yorkemergency-rental-assistance-program-erap.page and scroll to the bottom for the section called “ERAP Enroller Organizations.”


For information on what documentation you need to provide, view the ERAP Document Check-List, available here: https://otda.ny.gov/programs/emergency-rental-assistance/Renter-Checklist.pdf


5. Can I apply if I am an immigrant or undocumented?


Yes! Documentation of immigration status will not be requested.


6. I have an eviction case in court. Can I still apply for this program?


Yes, if you have an eviction case pending against you, you can still apply for rental assistance through ERAP. Applying to ERAP will likely suspend the eviction case. While your ERAP application is pending, you will likely be protected from the following types of eviction:

• Holdover

• Expired lease

• Nonpayment of rent or utilities that would be eligible for coverage under the program ERAP does not protect against eviction for interfering with a neighbor’s use or enjoyment of their property.


7. I applied. How do I get the money?


All payments will be made directly to the landlord/ property owner or utility company on behalf of the tenant. Funds will not be sent to the tenant. Tenants will be notified of the amounts paid on their behalf.


8. What if my landlord does not accept ERAP payments?


Your landlord has the option to not accept ERAP payments. The City still encourages all tenants who are behind on rent to apply to ERAP because, even if your landlord does not accept ERAP payments, an approved ERAP application can be used as a defense if your landlord brings you to court for the following situations, where your rent would have been covered by ERAP:

• Eviction due to nonpayment of rent

• A case seeking monetary judgement for nonpayment of your rent If you are facing an eviction, call 311 and ask for the Tenant Helpline for more information and support.


9. What if I am not eligible for ERAP?


In addition to ERAP, the City has a suite of services for tenants encountering financial difficulty. Call 311 and ask for the Tenant Helpline for information on landlord-tenant mediation, payment plans, accessing other public benefits, and more. MOPT’s website also offers current information on the eviction moratorium and tenant rights. You can also visit ACCESS HRA: https://a069-access.nyc.gov/accesshra/ to submit applications for other benefits. Note: in order to apply to a One Shot Deal, you must apply to ERAP first.


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This is a brand new program. NHS Brooklyn is not responsible for any errors in this post and takes no responsibility for actions taken by anyone reading this post. Landlords and Tenants must do their own due diligence in verifying all aspects of the ERAP program.



PROTECT YOURSELF, YOUR FAMILY & YOUR ASSETS!


GET VACCINATED!


It's free and available to everyone over 12. No insurance required. Just bring picture ID. No immigration questions.


For more information, visit www.nyc.gov/covidvaccine


To find a location near you:

If you need it, ask about:

  • At-home vaccination

  • Round-trip transportation (available to anyone 65)

  • Childcare

  • Accommodation for a disability

Until you are vaccinated, continue to social distance and wear a mask when around strangers, other unvaccinated people, people with pre-existing conditions, and seniors.


Get tested if you feel sick, have been indoors with 50 or more people, or plan to travel, whether you are vaccinated or not. Find a test center at www.nyc.gov/covidtest





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