New York State Emergency Rental Assistance Program (ERAP)

[Tim Jett]

Is any one familiar with the NYS ERA Program? I have a Section 8 tenant that is behind on their portion of rent, approximately 2 months, and has applied for the NYS ERAP. The ERAP is an economic relief program to assistance tenants (and landlords) with past due rent and utilities during the COVID crisis. This program will cover up to 12 months on past due rent and/or utilities and up to 3 months for future rent and utilities.  This program sounds really good to help both the tenant and landlord to get current. However my reservation is that I'm also looking to eventually evict or not renew this tenants lease at the end of the year. My concerns are with the ERAP terms and conditions (below) that may prevent me from not renewing there lease; 

The property owner or authorized property management company must agree to the following terms as a condition of accepting rental arrears payments:

1. 1) The ERAP payment satisfies the tenant’s full rental obligations for the time period covered by the payment.
2. 2) Waive any late fees due on any rental arrears covered by the ERAP payment.
3. 3) Not increase the monthly rental amount above the monthly 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.
4. 4) Not evict the household on behalf of whom the ERAP payment is made for reason of expired lease or holdover tenancy for one year from 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.

I'd love to hear anyone's thoughts.  I'm also thinking that I will have other non-rent related reasons to support not renewing there lease (property damage). Lastly, I will also be reaching out to their section 8 case worker to understand there position/thoughts with this.

Thanks,