Do NYS tenants have to sign CDC declaration?

[Susan Miller]

Hi.  We own a fairly high end rental house in NYS.  The tenants renewed for their fourth year in July.  Before signing, they asked us to reduce the rent because they had lost their jobs due to Covid.  It was already well below market value, so we refused to lower it but agreed not to raise it as planned.  They offered to pay six months in advance at a reduced rate, then pay what they owed after six months to bring it up to the full amount.  I should have taken them up on that (or even better not renewed at all).  

Now they are telling us they won't pay rent at all until they find a job or unemployment benefits go up again.  If they were facing real hardship, I would be understanding and generous.  However, when they applied three years ago, they showed me bank statements showing VERY substantial savings.  Their offer to pay six months in advance is evidence that they have savings.  When I told her that if they have savings, they are obligated to pay their rent, her answer to me was "Why should we use our savings when you could use yours?"   Their perspective is that we should pay the tax, insurance, and maintenance while they sit on their savings and live in the house for free.   

I know this violates the spirit of the eviction moratoriums, federal and state.  I want to send them the CDC Declaration, because I suspect they wouldn't sign and perjure themselves, and maybe would just pay the rent.  However, I think any more restrictive state law takes precedent.  NYS has a ban on evictions with no request for evidence or declaration.  

Can we still request they sign the Declaration?  Or should we start proceedings to seek a money judgement?  

  Thank you!