Zoom Logo

Nonpayment in the time of Covid19 - Shared screen with speaker view
Kayla Popuchet
46:26
For those who just joined, we will begin in 2 minutes
Jessica Hurd
49:19
Housing Court Answers 212-962-4795
Jessica Hurd
49:27
Twitter: @HCAnswers
Jessica Hurd
49:41
housingcourtanswers.org/events
Jenna Gogan
57:53
I thought the HSTPA made preferential rents valid for the duration of a tenancy, not just the duration of a lease. I’ve never heard of a landlord changing the rent mid-lease
Jenna Gogan
57:59
Thank you
Jodie Leidecker
01:00:48
Is there unconscionable inreases to market rates now?
Jodie Leidecker
01:02:47
I thought the HSTPA had some provision?
Balanda Joachim
01:03:28
I thought they had to explain why there would be more than a 5% increase
Alex Yong
01:03:43
I think Senator Salazar had a standalone bill about 'good cause eviction' but now it's bundled into a new bill? Anybody know?
Kayla Popuchet
01:03:53
They have to give a notice depending on how long the tenant has lived there, but no need for a reason
sateesh nori
01:04:28
https://rentguidelinesboard.cityofnewyork.us/resources/faqs/rent-increases/
sateesh nori
01:04:47
Here is some clarification. There are some limits
sateesh nori
01:05:59
f you find that your apartment is not rent stabilized, there is no limit on the rent increase that can be charged at the end of your lease. If you have no lease, or your lease has expired, you are considered a “month-to-month” tenant. According to the NYS Attorney General’s Office, a NYC landlord may raise the rent of a month-to-month tenant with the consent of the tenant. However, if the tenant does not consent, the landlord can terminate the tenancy by giving appropriate notice.If you’ve lived in the apartment for no more than one year, you’re entitled to 30 days notice. If you’ve been living there for more than a year and less than two years, the landlord must give 60 days notice, and if you’ve been there for longer than two years, 90 days notice. The notice must be served formally on a tenant, like a court paper.
Kayla Popuchet
01:16:18
I use this every day
Jessica Hurd
01:16:47
it is really game changing for us and for housing organizers!
Alex Yong
01:17:10
Question: what's a "group" HP action? is that like a group discount for a tenant association? the attorney we're thinking of hiring mentioned we (TA) file a group HP action but I don't know the distinction between group and standard/individual
Leah Mack
01:17:13
Just to clarify, you do not have to worry about serving your landlord when you submit a repairs issue or HP action through justfix?
Jessica Hurd
01:17:42
you will receive pdf emails of the court docs and instructions on how to serve them
Leah Mack
01:17:54
thank you
Kayla Popuchet
01:18:21
Feel free to write your questions in the chat, I will take them and save them for later
Alex Yong
01:18:45
thanks. I appreciate it.
sateesh nori
01:19:12
A group action is an HP filed by a group of tenants in the same building
Ian Gray-Stack
01:20:53
Whats the difference between getting sued for non-payments in civil court versus housing court?
Kayla Popuchet
01:21:10
Got your questions Ian, will answer later
sateesh nori
01:22:01
In civil court, the suit is about the money only. In housing court, the suit is about who gets the apartment
Jenna Gogan
01:23:32
What does applying for nonpayment eviction relief mean exactly? What do tenants need to do?
Kayla Popuchet
01:23:45
The application for this has ended
Kayla Popuchet
01:23:54
It lasted for 2-3 weeks in the summer
Jenna Gogan
01:24:43
Oh I see, I thought this was a separate thing that tenants apply for in court. Thanks.
Ian Gray-Stack
01:25:52
Does RTC extend to tenants sued by landlords in civil court?
sateesh nori
01:25:56
Jenna- this means arguing that a tenant should not be evicted for some reason
Jenna Gogan
01:25:57
Sorry - still confused. The slide said “nonpayment eviction relief” not “rent relief.”
sateesh nori
01:26:11
Rent relief is rental assistance
Jenna Gogan
01:26:14
OK - thanks Sateesh!
sateesh nori
01:26:29
RTC only applies to eviction cases
Ian Gray-Stack
01:26:46
thanks!
sateesh nori
01:26:51
Some organizations have lawyers who help with civil cases. CAMBA, MFJ, Legal Aid
MMarquez
01:27:23
NAICA has lawyers who assist too
Bill Baker
01:28:11
https://www.cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf
Jenna Gogan
01:29:26
What should tenants know about the legal ramifications (if any) of signing the CDC affidavit?
Kayla Popuchet
01:31:17
This was on the news!!
Alex Yong
01:31:39
very insightful. we're a group of eleven
Ian Gray-Stack
01:31:41
If there are similar issues across multiple buildings with the same LL, can they do a group HP? Or just within the same building?
Stephanie Ali
01:31:42
What is the protocol for bringing an HP action for harassment while a LL has an ongoing NP case?
Jessica Hurd
01:32:20
https://newyork.cbslocal.com/2020/11/18/landlord-protest-astoria-tenants-union-legal-aid-society/
Andrew Laiosa
01:32:36
In an HP Action do all 5 tenants whose name is on the action have an obligation to all attend every court date?
Mahfuzul Islam
01:36:14
Whats the best measure for Tenants to qualify for rental assistance now if they were not able to get it the first time around?
Cynthia Barton
01:41:36
in order to use that repair defense the tenant needs to put in the claim first.
Andrew Laiosa
01:43:11
Are there any special protections for seniors and/or disabled tenants? What can Adult Protective Services do to help, if anything?
Alex Yong
01:44:37
question: i'm in a TA of 11 and 10 want to do a rent strike (I do not) . . . Can the landlord be told we're striking but I'll continue to pay or will I become a pariah?
Cynthia Barton
01:46:37
would yo recommend that tenants at least attempt to pay rent
Leighann Scara
01:47:28
thank you for explaining all of this information. this is encouraging and helpful
Jenna Gogan
01:47:55
Thanks
Alex Yong
01:47:57
good suggestion. I'm quite clueless; I've never been in a TA before this year
Leah Mack
01:50:57
Do you know which judges or which courts have acknowledged the connection between public health and housing?
Melba Cruz
01:51:49
Why are evictions taking place if there is a Moratorium in place? sorry, I am confused.
Kayla Popuchet
01:54:53
Any final questions
Cynthia Barton
01:55:00
What is your best recommendation for a tenant in that situation
Melba Cruz
01:55:02
Thank u
Jenna Gogan
01:55:06
Got it.
Leah Mack
01:55:55
Do you know which judges or which courts have acknowledged the connection between public health and housing?
Jenna Gogan
01:55:59
FYI most people calling the Tenant Helpline thru 311 will have to leave a voicemail and will get a call back!
Kayla Popuchet
01:57:19
kaylap@hcanswers.org
Jessica Hurd
01:57:29
jessicah@hcanswers.org
Jenna Gogan
01:57:32
I have another question - one thing we have heard is that only 2-attorney cases are getting put on the calendar. IS that still the case, and when do you anticipate new nonpayment cases going on the calendar?
Kayla Popuchet
01:57:37
212-962-4795
Andrew Laiosa
01:58:08
Are there any plans to manage the surge in court cases that are expected in January? Is there enough funding to hire the amount of new staff needed to meet the expected demand?
Jenna Gogan
01:58:45
Thank you
Jacob Cohen
01:58:56
It seems to me that all the burdens are on the landlords. Is there any responsibility on the part of the Tenants.
Cynthia Barton
02:02:54
wouldn't that mean that we wont have housing resources to use to put people in if they stop taking the programs
hector santiago
02:03:02
Can all the info on the slide be shared? As well as the emails of the presenters ?
Jessica Penkoff
02:03:15
Thank you for the excellent presentation!
Jenna Gogan
02:03:20
Thank you all!
sateesh nori
02:03:21
snori@legal-aid.org
Leah Mack
02:03:25
Is there a particular judge or court that has been receptive or acknowledged the public housing = public health argument?
Kayla Popuchet
02:03:36
kaylap@hcanswers.org, jessicah@hcanswers.org 212-962-4795
Denise Romero
02:03:46
Thank you for this, it was extremely helpful!