- Reduced wages/earnings
- Reduced hours
- Employment termination
- Furlough
- Sickness and inability to work
- Business closed
- Receiving unemployment
- New or increased healthcare costs
- Remote work expenses due to COVID-19
- Food, medicine, childcare, transportation expenses due to COVID-19
- Penalties, fees and/or legal costs associated with rental or utility arrears
- At-home care for someone with COVID-19
- Remote learning expenses due to COVID-19
- Purchase of Protective Personal Equipment (PPE)
- Payments made by credit card or loans to avoid homelessness
- Alternative Transportation arrangements due to COVID imposed transportation limitations
- Funeral expenses
No. Individuals do not need to have a lawful immigration status to qualify for the program.
6. How will eligible ERAP households receive utility arrears relief?
For households determined eligible for ERAP who also have gas and/or electric utility arrears, there are a few ways households may receive assistance in paying these utility arrears:
- First, a utility arrears payment made directly to the utility company funded through by Home Energy Assistance Program (HEAP), for those eligible for HEAP (view HEAP eligibility information);
- If households are not eligible for HEAP, eligibility for one of the following two options will be evaluated based on the type of utility company that the household uses:
- Forgiveness of utility arrears by the utility company; or
- A utility arrears payment made directly to the utility company funded through ERAP or State funds.
No. An individual must apply for and be determined eligible for ERAP rental arrears assistance in order to receive utility arrears assistance through the ERAP. New York State residents outside of New York City who do not need help paying for rental arrears and only need help paying for utility costs should apply for the Home Energy Assistance Program (HEAP) at www.myBenefits.ny.gov. Individuals residing in New York City can download an application from the NYC Human Resources Administration HEAP webpage.
8. Are water bills or internet bills eligible as part of ERAP?
No, only gas and/or electric utility arrears may be paid for households determined eligible for rental arrears assistance under ERAP .
Households that have past due bills (arrears) for water and/or sewer services may be eligible for assistance through the Low Income Household Water Assistance Program (LIHWAP)
9. What happens to utility costs that are included in the rent?
If utility expenses are part of a household's monthly rental costs and a household does not receive a separate gas or electric utility bill, the utility expenses would be included as part of the rental arrears.
10. If my gas and/or electricity utility is sub-metered and billed on my rental statement from my landlord or building management company, how do I include unpaid utility charges on my ERAP application? Sub-metered gas and/or electricity unpaid charges should be included as rental arrears and will be paid directly to your landlord or building management company. 11. Are electrical utility arrears for tenants who live in sub-metered apartments eligible for ERAP?
Yes, with acceptable documentation.
12. For what time period is my household income counted to determine if I am eligible for ERAP assistance?
Tenant applicants may choose to submit documentation indicating current monthly income or calendar year 2020 income.
- Current Monthly Income by providing documentation of prior month income through documents such as pay stubs, bank account deposit verification, unemployment insurance benefits letter, Social Security award letter, other.
OR
- Annual 2020 Income by documentation of 2020 income through documents such as a copy of a completed income tax return such as a 1040, 1040EZ, 1099 tax form, or other evidence of 2020 annual income.
Self-attestation of income, through a written and signed statement, is permitted in certain circumstances where no documentation is available, such as certain types of self-employment.
13. What income is included when determining my household income for ERAP?
Income of all adults in the household 18 years of age or older is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations.
Gross income is counted, rather than take-home pay. Gross income includes income before any deductions are made, including taxes.
Counted income includes wages, salaries, tips, unemployment insurance benefits, Social Security benefits, retirement benefits, child support, recurring gifts and other income.
The following are not counted as income: foster care payments, Public Assistance benefits, Supplemental Nutrition Assistance Program ( SNAP ) benefits, Home Energy Assistance Program (HEAP) benefits, sporadic gifts, groceries provided by persons not living in the household, earned income tax credits and Federal stimulus payments.
Income must be documented through pay stubs, employer letters, or other documentation.
14. If I don't have any income at the time of applying for ERAP, am I eligible for the program?
Yes, you may be eligible as long as you also meet the other program eligibility requirements.
15. How do I document not having any income?
Self-attestation is acceptable in circumstances where no other forms of documentation are available.
16. Do I need to repay assistance provided through ERAP?
No, eligible households are not required to repay rental payments, rental arrears or utility arrears assistance provided through ERAP. The only instances that would require repayment would be if there is a determination that the application submitted was fraudulent or the application should not have been approved.
17. Can I apply for other rental assistance while being assisted with ERAP?
Yes, you can apply for other rental assistance, but if awarded assistance through ERAP, you must report information about any other assistance you applied for, or received, to ERAP so that you do not receive duplicate payments. Households who receive a payment from other rental assistance programs will not be eligible to receive ERAP assistance to pay for the same rental arrears owed.
18. How does ERAP differ from the COVID-19 Rent Relief Program administered by the New York State Division of Homes and Community Renewal (NYS HCR)?
The COVID Rent Relief Program provided a one-time rent subsidy to reduce a household's rent burden for up to four months in 2020. The program did not necessarily pay for all rental arrears owed but provided rent relief to tenants and landlords.
ERAP will, for most eligible households, cover the full amount of rental arrears for up to 12 months since March 13, 2020. Households that participated in the COVID Rent Relief Program may be eligible for additional help through ERAP .
19. If I received help through the previous COVID Rent Relief Program, but still need help, am I eligible for help through ERAP ?**
Yes. Households that participated in the COVID Rent Relief Program but who still have past due rent that is unpaid may be eligible for additional help through ERAP.
20. Am I eligible to receive ERAP rental assistance if I currently have a Section 8 Housing Choice voucher or reside in public housing?**
Any household whose rent is limited to a percentage of household income may apply for assistance, and their application will be reviewed and processed in the order received, consistent with State law, program rules, and as long as funding remains available.
The impacted types of housing include tenants receiving a Section 8 Housing Choice voucher, a project based Section 8 voucher, those who reside in public housing, those in receipt of FHEPS, or other housing situations where rent cannot be more than 30 percent of their income.
If such a tenant has lost income, the household should request an adjustment to their rental payment requirement. Households can contact their public housing agency to request an interim recertification.
21. I live in subsidized housing that calculates my rent as a percentage of my income, when will my application be processed?**
Applications are being reviewed and processed in the order received, consistent with State law, program rules, and as long as funding remains available.
22. Are those types of subsidized housing that are required to charge rents at 30 percent of tenants' adjusted incomes allowed to raise my rent if they accept an ERAP payment?
Yes. Public Housing Authorities and other types of subsidized housing that are required by federal law to adjust rents to reflect changes in incomes must comply with federal law and increase rents to 30 percent of a household's adjusted income if the household's income increases in the year after the first emergency rental assistance payment is received. For example, if a tenant is receiving benefits from the Housing Choice Voucher Program (“Section 8”), or resides in public housing, their rent payment remains based on their income and is subject to annual recalculation. This may result in an increase in their monthly rent payment.
23. What types of rental properties are eligible for assistance?
The following types of residential rental properties are available for ERAP assistance:
- Apartment;
- Duplex;
- Single Family Detached/House;
- Semi Detached / Row House;
- Hotel or Motel rentals, if the household can demonstrate a weekly or monthly rental agreement;
- Single Room Occupancy; or
- Manufactured home or manufactured home lot rental.
No. ERAP is only available to pay rental arrears.
The New York State Division of Homes and Community Renewal (NYS HCR) is administering the New York State Homeowner Assistance Fund (HAF) for certain households who need assistance in paying their mortgage in order to stay in their homes.
HAF is no longer accepting applications; however, you may register for their waitlist by applying through the HCR website.
25. Are college students eligible for rental assistance through ERAP?
An individual, full-time college student is eligible for this program only if the individual in the household is not claimed as a dependent by their parents or legal guardians pursuant to IRS rules.
A college student may be included as part of their parent or legal guardian's household if they are away at school.
26. Can my landlord apply for ERAP for me?**
As of 9:00 pm EST on January 20, 2023, ERAP applications are no longer being accepted. Prior to that time, a landlord was able to start the ERAP application, but both the landlord and tenant had to complete certain parts of the application.
Tenants were required to provide certain tenant-specific information, such as income information, and had to sign the application indicating agreement with certain information included in the application.
- Personal identification for primary applicant (individual signing the application). Acceptable forms of identification include, but are not limited to: a photo ID, driver license, consular ID, passport, EBT/Benefits Issuance Card, birth or baptismal certificate, school registration, or other government-issued ID.
- Proof of rental amount – Signed lease, even if expired. If no lease is available then acceptable documentation includes a rent receipt, canceled check or money order. If no documentation is available, landlord attestation will be accepted.
- Proof of residency and occupancy – Signed lease, rent receipt, utility bill, school records, bank statement, postal mail with name of applicant, insurance bill, driver license. Proof should be current.
- Proof of income to document income eligibility:
- Documents demonstrating current monthly income for the prior month, such as pay stubs, bank account deposit verification, unemployment benefits letter, or other proof;
OR
- Documents demonstrating annual income for 2020, such as a copy of completed income tax return, such as 1040, 1040EZ, 1099 tax form, an annual statement of earnings, or other evidence of 2020 annual income.
- Self-attestation of income through a written and signed statement of income is permitted in certain circumstances where no documentation is available, such as certain types of self-employment.
Applicants must attest that on or after March 13, 2020, a member of the household received unemployment benefits or experienced a reduction in household income, incurred significant costs or experienced other financial hardship, directly or indirectly, due to the COVID-19 pandemic. The applicant had to sign the application form and associated certifications agreeing that the information provided in the application is accurate.
Landlords must provide information on the amount of rent due and amount that remains unpaid by the tenant. Landlords also must provide banking information to receive payment.
28. If I do not have a lease, but I am a month-to-month tenant, am I still eligible to receive ERAP assistance?
Households that do not have a lease will be required to provide other proof of a rental obligation, such as a landlord statement, canceled check or proof of electronic payment. Landlords will also be asked to provide the most recent lease and provide other proof that the individual is a tenant.
29. Are all locations throughout NY State eligible for ERAP assistance?
Seven jurisdictions that received funding for emergency rental assistance directly from the federal government initially opted to run their own programs. However, four of these jurisdictions spent all their funds and have opted into the State ERAP program. The three remaining localities, listed below, continue to run their own programs. Households residing in those localities who have incomes up to 80 percent AMI should apply directly to those localities for assistance.
- Town of Hempstead
- Town of Oyster Bay
- Town of Islip
The following other four jurisdictions that originally opted to run their own programs have indicated that they have obligated all of the funds that they received directly from the Federal government and are now participating in the State-run program. Residents of these jurisdictions may be eligible for assistance from the State-run program as of the dates noted below.
- City of Yonkers — January 20, 2022
- Onondaga County — February 9, 2022
- Monroe County (including City of Rochester) — May 31, 2022
No. The impact can be either directly or indirectly related to the COVID-19 pandemic. Households may have experienced a reduction in income, incurred significant costs, or experienced other financial hardships as a result of the pandemic.
31. Are tenants who reside in buildings with more than 20 units eligible for ERAP?
Yes. A tenant who resides in a building with more than 20 units is eligible for ERAP . See Question #2 under ‘Benefits Available and Who is Eligible’ for more information regarding prioritization.
32. Can subletters be eligible to apply for ERAP ?**
As of 9:00pm EST on January 20, 2023, ERAP applications are no longer being accepted. Prior to that time, subletters were eligible to apply for ERAP assuming they met other eligibility requirements outlined in Question #2 above. However, arrears must be owed to the landlord or property owner and not another renter to qualify for ERAP .
33. I share an apartment with a roommate. My roommate has been able to pay their portion of the rent since March 13, 2020, but I have not been able to pay all my rent. Am I eligible for ERAP ?
Yes, if your portion of the rent has not been paid and you meet the ERAP eligibility requirements. You must be able to document your rental obligation. Documentation of rental obligation may include a demonstrated history of rental payments in the form of canceled checks or bank statements, or other documentation. Payment of any rental arrears you owe will be paid directly to the landlord or property owner.
34. If I share an apartment with a roommate and am not a signed party on the lease, and I pay my share of the rent to my roommate, am I eligible for ERAP ?
If you can document a history of rental amounts paid, you may be eligible for ERAP . In this instance, the ERAP assistance will be provided to your landlord. ERAP assistance may only be provided if your landlord is owed money. If your roommate paid your landlord and no rent payment is due, you are not eligible for ERAP assistance.
35. I share an apartment with three roommates, but I am the only one who has been unable to pay my share of the rent. Will my three roommates' income be counted towards my eligibility when determining if I am eligible for ERAP ?
If you are able to document the amount of rent you must pay monthly, then only your income will be counted when determining your ERAP eligibility. You do not need to include your roommates' income in your application. Payment of any rental arrears you owe will be paid directly to the landlord or property owner.
36. I share an apartment with my friend. I was not able to pay my monthly rent, so my friend paid the landlord on my behalf. Am I eligible for ERAP assistance to repay my friend?
No, since your friend paid the rent, there are no longer any rental arrears owed to the landlord.
37. I sublease my apartment and my sublessee has not paid me for rent due. Is my sublessee eligible for ERAP help to pay me for rent due?**
If the property owner/landlord has not been paid, the current sublessee resident was able to apply for ERAP assistance. The applicant was required to show evidence of a rental obligation which may include a previously signed sublease or demonstrated history of rental payments in the form of cancelled checks or bank statements. If eligible, the ERAP payment will be made to the property owner.
If you have paid the property owner, the sublessee is not eligible for ERAP .
38. If I share an apartment with a roommate and receive help through ERAP, can the landlord or property owner evict me?
If you share an apartment with a roommate and pay your share of the rent directly to the landlord or property owner, the landlord or property owner must agree to the following terms as a condition of accepting a rental arrears payment:
- The ERAP payment satisfies your share of the rental obligation for the time period covered by the payment.
- To waive any late fees due on any rental arrears covered by the ERAP payment.
- To 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.
- To not evict the person for 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.
Yes. They may be eligible as long as they meet all of the other program eligibility requirements.
40. Can a homeless family living in a shelter access ERAP funds for a new apartment?
No. To be eligible, a household must demonstrate that they have an existing rental obligation for their current primary residence in New York State for which rental arrears are owed.
41. How do survivors of domestic violence meet the burden of proof for priority application processing?
Self-attestation is acceptable proof.
42. Will tenants who are employed “off the books” be eligible to apply for ERAP?
Yes. In circumstances where income documentation is unavailable, self-attestation through a written and signed statement of income will be accepted as proof of income/loss of income.
43. If I also have pre-pandemic rental arrears, can I still get ERAP assistance for March 2020 - onward?
Yes. You may still apply for arrears that have accrued after March 13, 2020.
44. Once I have applied for a full 12 months of rental arrears payments plus an additional 3 months of future rental assistance, will I be eligible to apply again?
No. Assistance is limited to a maximum of 15 months – 12 months of arrears and 3 months of future rent.
45. Are mobile homeowners with lot rental arrears eligible for ERAP ?
Yes. Lot rental arrears can be paid through ERAP .
Application Processing
1. Will help through ERAP be provided on a first-come, first-served basis?For the first 30 days of the program, from 6/1/21–6/30/21, priority was given to households in the following order:
- Households with income at or below 50 percent of the Area Median Income (AMI) that also include a household member who:
- Is currently unemployed for at least 90 days; or
- Is a veteran; or
- Is experiencing domestic violence or is a survivor of human trafficking; or
- Has an eviction case related to their current residence pending in court; or
- Resides in a mobile home; or
- Lives in a community that was disproportionately impacted by COVID-19 ; or
- Lives in a dwelling of 20 or fewer units.
- Households with income at or below 50 percent AMI.
- Households with income at or below 80 percent AMI that also include a household member who:
- Is currently unemployed for at least 90 days; or
- Is a veteran; or
- Is experiencing domestic violence or is a survivor of human trafficking; or
- Has an eviction case related to their current residence pending in court; or
- Resides in a mobile home; or
- Lives in a community that was disproportionately impacted by COVID-19 ; or
- Lives in a dwelling of 20 or fewer units.
- Households with income at or below 80 percent AMI.
After 6/30/21 (the first 30 days), applications for all eligible households are processed on a first-come, first-served basis, as long as funds remain available.
Applications submitted and received through June 30, 2022 continue to be reviewed and paid.
2. How are “areas disproportionately impacted by COVID-19 ” determined?
Areas disproportionally impacted by COVID-19 are determined based on a community's rate of COVID-19 infection or rate of Unemployment Insurance Benefit claims.
3. If a tenant lives in a building with 20 or fewer units, but the owner of the property owns multiple buildings with more than 20 units, does that applicant qualify for priority?
Yes. For ERAP , the 20-unit prioritization category is based on the building where the household lives.
4. How can I help ensure the efficient processing of my application?
Providing a complete application with all required documentation from the tenant and landlord will speed the processing of the application. View the tenant's checklist and landlord's checklist.
In order for your application to be considered complete, all required fields on the application must be completed.
5. If a tenant passes away, will their application automatically be denied?
No. If a tenant passes away before an application decision has been reached, landlords, proxies, or family members should contact the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) and inform the operator of the situation to further assist.
6. If a landlord does not respond, can the rental payments be made to tenants?
No. Payments provided through ERAP must be used to pay landlords for rent owed from eligible tenants.
Program administrators will contact landlords to inform them that additional information is needed based on the email or other contact information provided by the tenant.
If the tenant is determined eligible for ERAP assistance and the landlord cannot be contacted to provide necessary information so the rental payment may be issued, the State will hold such funds on behalf of the tenant for at least 180 days. Tenants will receive written notification of the available rental assistance. Tenants should share this notification with the landlord and, if needed, may provide it to a court as a defense in any proceeding seeking a monetary judgement or eviction brought by a landlord for the non-payment of rent accrued during the time period covered by the available ERAP payment.
7. Are tenants supposed to gather documents from landlords?
No. Once a tenant provides their landlord's contact information, the landlord will receive an invitation by email, postal mail or text to complete their portion of the application. If we are unable to reach your landlord, we may reach back out to the tenant to get updated contact information.
8. What happens if my rental property changes ownership after application submission?**
If the property ownership changes, you may still be eligible to receive ERAP benefits. Contact the ERAP Call Center with details of the new property ownership, and an operator will assist you.
9. If I am a tenant, can my landlord see my personal information on my application for ERAP , such as my income, without my consent?**
No. Personal information contained in the online ERAP application regarding a tenant's income is not able to be viewed online by the landlord.
Tenants and landlords were permitted to work jointly to complete an application and tenants may choose to provide personal information to landlords to help them submit a completed application.
10. If I am a landlord, can my tenant see my personal information on my application for ERAP , such as my bank account or tax information?
No. Personal information contained in the online ERAP application including a landlord's bank account, tax information or other personal information, is not able to be viewed online by the tenant.
11. Do tenants and landlords submit one application or separate applications?**
Tenants and landlords submitted one application; however, there are separate sections for the tenant and the landlord to complete.
12. Will a handwritten signature or an e-signature be required for the application?
The ERAP application will be available online only, so e-signatures will be required.
13. Will there be an appeals process for denied applications?**
Yes. Information regarding the appeals process is included as part of the eligibility determination notice that a household receives. You can also visit the How to Appeal page to learn how to submit an appeal. Your determination will be reviewed again, and if a mistake was made, it will be corrected.
14. My appeal was denied. Is there anything I can do?**
You may also seek out the alternative resources available as described in the Assistance for Tenants not Eligible for ERAP section.
You may challenge the appeal denial by visiting the New York Courts System website and filing a review as outlined in Article 78 within four months of receiving the decision. You may wish to consult an attorney.
15. In what situations should I reapply to ERAP vs. seek alternative resources?**
There are certain instances in which you should consider submitting an appeal When to consider appealing your ERAP decision
- Your application was denied, and you disagree with the reason for the denial, or you think you are eligible for ERAP
- You disagree with the amount approved
- Prospective rent is needed and you haven't already received the maximum amount of prospective rent (3 months)
- You received a notice adjusting the amount approved and you disagree with the new adjusted amount
- A previous appeal for rental arrears was approved and you disagree with the new adjusted amount
When to seek alternative resources
- If your appeal was denied
- You have accumulated additional arrears since receiving assistance through ERAP
- You already received the maximum of 12 months of arrears assistance through ERAP
Please see the below section “Assistance for Tenants not Eligible for ERAP ” for alternative resources.
16. After applying for ERAP , will I receive updates regarding my application status?
Yes - the applicant will receive notifications through their preferred contact method.
17. If a submitted application is deemed incomplete or includes insufficient documentation, will OTDA provide the applicant(s) an opportunity to supplement the application for reconsideration?
Yes. The applicant(s) and/or designated proxy will be alerted via their preferred contact method to provide missing documentation.
18. If a subletter is applying for ERAP , who will be responsible for completing the landlord portion of the application? The sublessor or the property owner/manager?
The property owner/property manager will be responsible for completing the landlord portion of the application.
Assistance for Tenants not Eligible for ERAP
1. What if I am denied help through ERAP ? How can I get other help?Households who were denied ERAP and need assistance can contact the following alternative resources:
- Households living within New York City can dial 3-1-1 to be provided with a directory of resources available or contact the Human Resources Administration (HRA) directly at 718-557-1399
- Households living outside of New York City can dial 2-1-1 or contact their local Department of Social Services for additional support to apply for other benefit programs.
- OTDA also oversees various programs and services that your household may be eligible for including the Home Energy Assistance Program (HEAP), the Supplemental Nutrition Assistance Program ( SNAP ) and Temporary Assistance (TA). These programs may be able to help with the costs of home energy, food, and rent. Visit otda.ny.gov for additional information.
Landlord / Property Owner Considerations
1. As a landlord, can I apply on behalf of my tenant?**As of 9:00pm EST on January 20, 2023, applications are no longer being accepted. Landlords were able to start the application process and may provide required landlord information online. A landlord may not complete an entire application on behalf of a tenant; at a minimum, the tenant must sign and attest that the information contained in the application is accurate.
- Completed W-9 tax form. Such information must be typed into the application portal. A scanned copy will not be accepted.
- Executed lease with tenant applicant, or if no written lease, a cancelled check, evidence of funds transfer or other documentation of last full monthly rent payment.
- Documentation of rent due from tenant (e.g. ledger, etc.) or attestation on application.
- Banking information to receive direct deposit payment.
The property owner or authorized property management company will be required to sign the application form and associated certifications agreeing that the information provided, including the amount of rental arrears owed, is accurate and does not duplicate a payment received from another program.
Landlords will be notified if any additional information is required in order to complete one of their tenant's applications.
3. What happens if a landlord fails or refuses to provide the necessary information or documentation?
Where a landlord in a community participating in the State's ERAP program fails or refuses to provide information needed to make a rental arrears payment to the landlord on behalf of a tenant after reasonable efforts (including outreach) as provided for under State law, the amount of rental assistance that the landlord would have been paid is set aside for at least 180 days so that the landlord may submit the required information. If the landlord has not provided the needed information after 180 days from the tenant's determination of provisional eligibility, OTDA may reallocate the set-aside funds to serve other ERAP applicants, and the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on the nonpayment of rent that would have been covered by the payment. After 12 months, the landlord is deemed to have waived the amount of rent that would have been covered by the payment.
4. What should a landlord do if they are notified that a tenant or occupant of a dwelling within the landlord's building has applied for ERAP , and the landlord believes that the tenant or occupant is ineligible for ERAP ?
Landlords are offered an opportunity to submit documents when they create an ERAP owner account and link the tenant's application to their account. A landlord who believes that an applicant is ineligible for ERAP should submit documentation sufficient to show that the applicant is ineligible. Such documentation may include, but is not limited to, evidence that the tenant is not obligated to pay rent in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement, evidence that the dwelling is not the primary residence of the applicant, or evidence that the tenant does not owe rental arrears.
5. Are there any terms and conditions a landlord must accept if they choose to receive help with overdue rental costs through ERAP ?
Yes. The primary goal of ERAP is to prevent residents from being evicted and to support housing stability for tenants adversely impacted by the negative economic consequences of COVID-19 . The program is also a vital form of necessary relief for landlords adversely impacted by tenants who have been unable to meet rent obligations due to the negative economic consequences of COVID-19 .
The property owner or authorized property management company must agree to the following terms as a condition of accepting rental arrears payments:
- The ERAP payment satisfies the tenant's full rental obligations for the time period covered by the payment.
- To waive any late fees due on any rental arrears covered by the ERAP payment.
- To 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.
- To 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.
A landlord that accepts an ERAP payment on behalf of a tenant agrees to not raise the tenant's monthly rent for a one-year period that begins on the date the first ERAP payment is received by the landlord.
7. What happens if a landlord refuses to accept ERAP assistance for rental arrears owed by a tenant?
If a landlord refuses to accept an ERAP payment for rental arrears owed by a tenant, the tenant may use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. After 12 months from the tenant's determination of provisional eligibility, the landlord is deemed to have waived the amount of rent that would have been covered by the payment.
8. What happens if a landlord returns an ERAP payment for rental arrears owed by a tenant?
A landlord cannot return an ERAP payment in order to avoid the eviction protections afforded to tenants under ERAP . Where a landlord returns an ERAP payment, the tenant can use the provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on a holdover tenancy or expired lease, or the nonpayment of rent that would have been covered by the payment. After 12 months from the tenant's determination of provisional eligibility, the landlord is deemed to have waived the amount of rent that would have been covered by the payment.
9. If my tenant owes me rent from before March 13, 2020, or does not pay rent after the time covered by the ERAP payment passes, can I evict my tenant for nonpayment of rent in the year following my receipt of the ERAP payment? **
If a tenant owes rental arrears from before March 13, 2020, or does not pay rent in the future, a landlord can begin an eviction proceeding. However, as a condition of receiving an ERAP payment, a landlord must agree that the ERAP payment satisfies the tenant's full rental obligation for the time period covered by the ERAP payment.
10. May a landlord evict a tenant who has been adversely impacted by the negative economic consequences of COVID-19 if the landlord refuses to accept help through ERAP with the overdue rent the tenant owes?
No. A landlord may not evict a tenant for nonpayment of rent during the period that would be covered by the ERAP payment if the landlord refuses to accept the payment. As noted above, the tenant may use their provisional determination of ERAP eligibility as an affirmative defense in any proceeding brought by the landlord during the subsequent year for a monetary judgment or an order of eviction based on the nonpayment of rent that would have been covered by the payment. After 12 months from the provisional determination, the landlord is deemed to have waived the amount of rent that would have been covered by that payment.
11. May a landlord evict a tenant who causes damage to the landlord's property or engages in objectionable behavior?
A landlord may seek to evict a tenant or occupant that intentionally causes significant damage to the landlord's property or is persistently and unreasonably engaging in nuisance behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. If a landlord has a tenant that is damaging the landlord's property or is engaging in nuisance behavior, the landlord should consult with an attorney to ensure compliance with mandatory procedural requirements.
12. Is there a unit inspection required for ERAP?
13. Why are landlords required to provide a W-9 tax form?
The W-9 tax form is required in order to receive ERAP payments. Landlords/property owners will receive 1099 forms for any rental assistance received pursuant to ERAP or LRAP for tax filing purposes.
Tenant Protections
1. Can my landlord evict me because I have been unable to pay my rent during the COVID-19 Pandemic?Whether or not you applied for ERAP , your landlord can be prohibited from evicting you because you did not pay your rent. The Tenant Safe Harbor Act prohibits a court from evicting you for not paying your rent during the COVID-19 covered period, which began on March 7, 2020 and continued until January 15, 2022, if you suffered a financial hardship during that same COVID-19 covered period. If your landlord does try to evict you because you did not pay rent during the COVID-19 covered period, you can raise financial hardship as a defense. If you can show you suffered financial hardship, your landlord still can sue you to recover the rent you owe, but you cannot be evicted.
Once you apply for ERAP , you cannot be evicted because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic. When you submit your ERAP application you will be provided with a notice with an application number. You can show the notice to your landlord, and to the Court if your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP .
If you (the tenant) have completed your portion of the ERAP application, you will receive a notice indicating that you are provisionally approved to receive ERAP . This means that you have completed your portion of the application, but your Landlord has not yet submitted documents or information necessary for your landlord to complete your application and receive payment. Once you have been provisionally approved to receive help under ERAP , you cannot be evicted because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic. If your landlord starts a proceeding in Court to evict you because your lease expired, you are a holdover tenant, or because you were unable to pay rent that would be eligible for coverage under ERAP , you should show the provisional approval notice to the Court. Even if your landlord does not submit documents or information necessary to complete your application, you cannot be evicted during the year following the date of your provisional approval because your lease has expired, or because you did not pay rent during the COVID-19 Pandemic.
Once your landlord has completed their portion of your ERAP application and your application is fully approved, your landlord may not evict you because your lease is expired, or for non-payment for the months covered by the ERAP payment. Your landlord must agree to the following terms as a condition of accepting rental arrears payments:
- The ERAP payment satisfies the tenant's full rental obligations for the time period covered by the payment.
- To waive any late fees due on any rental arrears covered by the ERAP payment.
- To 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.
- To 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.
A landlord may seek to evict you if you intentionally cause significant damage to the landlords' property or persistently and unreasonably engage in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others.
You also may be evicted if you fail to pay rent not covered by ERAP , and you may be subject to eviction if you do something that is not allowed by your lease.
3. Do the same restrictions against eviction apply if I live in one of the 7 communities that is operating its own emergency rental assistance program?
Yes. As of September 2, 2021, the restrictions on eviction provided under the State ERAP law also applied in the 7 communities that elected to operate their own emergency rental assistance programs. However, if you applied for an emergency rental assistance program in one of these 7 communities before September 2, 2021, and your landlord has already accepted the emergency rental assistance payment, you may not get the same eviction protections.
4. I have applied for ERAP but my landlord refuses to accept it. Can I be evicted while my application remains pending?
Once you have applied for ERAP , your landlord cannot evict you for not paying rent during the covered period unless you are determined to be ineligible to receive ERAP assistance.
5. If my landlord refuses to provide information needed to complete the application or refuses to accept ERAP funds, am I still entitled to protections?
If you are otherwise eligible to receive help under ERAP and your landlord refuses to provide information needed to complete your application, or refuses to accept funds, you will be provided with a letter that you may show to the court if your landlord does attempt to evict you.
You may not be evicted because you failed to pay rent during the time period covered by the ERAP payment that the landlord refused to accept, which includes the period for which rental arrears would be paid, as well as the period for which any prospective (future) rental assistance would be paid as outlined in your provisional approval notice.
Additionally, the landlord cannot get a monetary judgment against you in housing court, civil court, or supreme court for the time period covered by the ERAP payment that the landlord refused to accept. This will provide a defense to you in any proceeding.
Finally, if your landlord refuses to accept ERAP payments, or if your landlord accepts ERAP payments but changes the terms or conditions of your residency, or neglects to make necessary repairs, they may be liable against you for discrimination because of your lawful source of income. You may contact the New York State Division of Human Rights, or, if you are a New York City resident, the New York City Commission on Human Rights, if you believe you are being discriminated against because of your eligibility or use of ERAP.
6. Will my information be shared with ICE or immigration authorities?
No, unless required by State or federal law.
Other
1. Will rental or utility assistance received through ERAP count as income for purposes of determining my eligibility for Public Assistance or Supplemental Nutrition Assistance Program ( SNAP ) benefits?
No. Funds paid on behalf of a household will not count as income for purposes of Public Assistance or SNAP . For Public Assistance recipients, when the ERAP funds are covering future rents, the payment will cover the difference between the Public Assistance grant and the monthly rent cost.
2. Will rental or utility assistance received through ERAP count as income for taxation purposes for tenants?
No. Assistance provided to tenants under ERAP will not be considered taxable income.
3. Do I need to continue to pay my rent?
Yes. You remain responsible for paying your rent. The rental arrears payment for any prior months of rent due will be paid to your landlord. Any future rental payments that you may be eligible for will also be made to your landlord and will be applied towards your rent for months you have not yet paid or fully paid.
4. Is there a cap on the amount paid to cover monthly rental arrears?
No. However, ERAP is limited to a maximum of 15 months of rental assistance — 12 months of rental arrears assistance and 3 months of future rent assistance for rent burdened households.
5. What if I move from my apartment after I apply for ERAP assistance?
Once you move from the apartment listed on your application, you cannot transfer the ERAP rental assistance to pay your new landlord. Tenants who move out of their residence are ineligible for ERAP assistance.
6. Can ERAP be used for future/prospective rents only?
No. To be eligible for ERAP, a household must be at risk of experiencing homelessness or housing instability, which can be demonstrated by having rental arrears owed on or after March 13, 2020.
7. Should I stop paying my rent as soon as I submit my application for ERAP?
No, your rent is still due. ERAP payments are made for rental arrears and three months prospective rent, if eligible. If you can pay all or part of your rent, you should continue paying it until you are notified that you have been fully accepted into the program and that a rental payment has been issued to your property owner. If you pay rent for a month that will be covered by this program, your property owner will be required to provide a credit for future rent due for that payment.
8. How will the tenant know what will be paid on their behalf?
An award letter will be provided to both the tenant and landlord detailing the amounts paid either via email or postal mail.
9. What if a tenant and/or landlord does not have internet access?
All participating communities have undertaken application assistance or partnered with community-based organizations to assist with outreach and application assistance. View the list of community-based organizations available to help tenants and landlords. In addition, the ERAP Call Center is available to assist applicants in filing an application by phone.
10. Were ERAP marketing materials available to help inform my community about the program?**
11. Have community-based organizations been identified to assist with outreach efforts and to help tenants and landlords with their submitted ERAP applications?**
Yes. All participating communities have undertaken assistance with submitted applications or partnered with community-based organizations to assist with outreach and assistance with submitted applications. View the list of community-based organizations available to help tenants and landlords.
12. Can entities charge landlords and/or tenants for assistance with the ERAP application?
Community-based organizations do not charge for helping someone apply to the NYS Emergency Rental Assistance Program ( ERAP ). Organizations that provide such assistance can be found by visiting our Help Applying for ERAP webpage. Application assistance services are also available to landlords, tenants, and their assigned designees through the ERAP Call Center at 844-NY1-RENT (844-691-7368) . For the hearing impaired, the TTY phone number is available at 1-833-843-8829 . You may also chat with a representative.
13. Will community-based organizations that provide ERAP application assistance be able to check the status of their clients' applications?
Community-based organizations who submit an ERAP application on behalf of a household should call the ERAP Call Center at 844-NY1-RENT (844-691-7368) along with the household to check the household's status of their application.
14. I do not owe rental arrears, but borrowed money from family and friends to pay my rent during the pandemic. Will ERAP cover these expenses?
No. In order to be eligible for ERAP, a household must have unpaid rent owed to the landlord or property management company.
15. Will ERAP cover attorney fees incurred by tenants and/or landlords?
16. What if there is a dispute between the tenant and landlord over the amount of rental arrears owed?
During the review process, applications and eligible payment amounts will be determined by the accompanying documentation.
17. What are the hours that the website will accept uploaded documents?**
The website accepts documents 24 hours a day beginning on June 1, 2021 at 9am. The website may occasionally be down for maintenance after regular business hours.
18. What if a tenant has completed the application as needed, but the landlord has not provided their information? What if a landlord has completed the application, but the tenant has not provided their information?
Both the tenant and landlord must complete certain parts of the ERAP application to receive rental payments issued to landlords.
If a tenant has been unable to get their landlord to provide needed information to complete an ERAP application, they should contact the designated local organization for outreach assistance. View the list of community-based organizations available to help tenants and landlords.
Tenants can also call the ERAP Call Center to obtain contact information for their local organization. Additionally, any landlords will be contacted at least three (3) times to let them know that additional information is needed based on the email/contact information provided by the tenant.
If a landlord is unable to get the tenant to provide needed information to complete an ERAP application, they should contact the designated local organization for outreach assistance. View the list of community-based organizations available to help tenants and landlords. Landlords can also call the ERAP Call Center to obtain contact information for their local organization.
19. How can I get information on the status of my application?
Once an application for ERAP has been submitted, applicants can track their application status by either logging into their tenant account or clicking onto the Check Application Status" link on the ERAP website
20. What if I am having trouble logging into my ERAP account to check its status?**
If you are having difficulty logging into your ERAP account, please call the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) for assistance.
21. How long will it take before a landlord receives payment after being notified that a tenant is eligible for help through ERAP ?
The timeframe it takes to process an ERAP application will vary based upon the completeness of the application, by both the tenant and landlord, and all the correct documentation being submitted.
22. Can I expedite review of my application?
Applications submitted after 6/30/21 will continue to be reviewed on a first-come, first-served basis. There is no mechanism in place to request application processing to be expedited. After submitting your application, please continue to check your application status on the application portal.
If you need rental arrears assistance before receiving your ERAP determination, please reach out to the Human Resources Administration (HRA) if you live in New York City or your local Department of Social Services if you live outside of New York City for additional resources.
23. Can I make corrections to my application during the application period?
Once your application is submitted, you cannot make changes to it without calling the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) .
24. If I have questions, who should I contact?
Please call 1-844-NY1-RENT (1-844-691-7368) for assistance or reach out to a community-based organization in your area. View the list of community-based organizations available to help tenants and landlords.
25. If my children live with me and they are 18 years old or older do I have to enter their income on the application?
Yes, income of all adults in the household over 18 years of age is counted except earned income of full-time students who are eligible to be claimed as a dependent pursuant to IRS regulations.
26. How do I request a reasonable accommodation due to a disability?
Please tell us if you require a reasonable accommodation to apply for ERAP . Examples of available reasonable accommodations include: providing documents in an alternative format including: braille, audio file (CD), data format (screen-reader accessible file on CD) and large print (18 point font) as requested, or TTY relay communications.
Please contact the ERAP Call Center at 1-844-NY1-RENT (1-844-691-7368) , to request a reasonable accommodation. If you are hearing impaired, a TTY phone number is available by calling 1-833-843-8829 .
27. I don't speak English or don't speak English well enough to read my ERAP application. How do I view my application in another language?**
The ERAP application is viewable in multiple languages through the online portal. Another language can be selected at the top of the portal in order to view the application in that language.
Applications are available on-line in: Arabic, Bengali, Chinese (traditional), Haitian-Creole, Korean, Russian, Spanish, and Yiddish.
Application assistance is also available in multiple languages at 1-844-NY1-RENT (1-844-691-7368) .
28. Is there rental assistance available for Tribal members and those non-Tribal members who live on Tribal lands?
Yes. Some Tribal nations received their own ERAP funding. A listing of Tribal nations that received their own ERAP funding, is available at the following link: https://home.treasury.gov/system/files/136/Payments-to-Tribes-and-TDHEs.pdf. Such assistance is available for Tribal members living both within and outside Tribal lands. Additionally, non-Tribal members living on Tribal lands may receive assistance. Individuals residing within and outside Tribal lands may also apply for the ERAP program where they live.
29. I have already applied for the Emergency Rental Assistance Program ( ERAP ) but my application is still pending. What does the closing of the application portal mean for my application? **
Although applications will no longer be accepted, OTDA will continue processing applications received prior to the application portal closure on a rolling basis.
30. I applied for ERAP before the portal closing and my application has not yet been processed. Am I still protected from eviction? **
Yes, tenants who have applied for ERAP before the portal closed continue to receive eviction protections while their application is pending.
31. If I submitted my portion of the application before the application portal was closed but my landlord still has not submitted their portion of the application, will the application still be considered? **
Yes. If a tenant submitted an ERAP application before the application portal closed, the landlord still may complete their part of the application. Applications received before the portal closed will continue to be processed on a rolling basis.
32. I applied for ERAP but have not uploaded all my documents. May I still do so now that the application portal has closed? **
Yes, you may still upload documentation.
33. I received a decision on my ERAP application. I disagree with the decision. May I still submit an appeal now that the application portal is closed? **
Yes, you may still appeal a decision made on your ERAP application and upload documentation to support your appeal.
34. What if my ERAP application or appeal is denied and I cannot re-apply? **
If your ERAP application or appeal is denied and you still owe rental arrears or are facing eviction, you can contact your Local Department of Social Services for help applying for emergency assistance. You can find a listing of Local Departments of Social Services by County here: https://otda.ny.gov/workingfamilies/dss.asp.
Free legal assistance may also be available. Please go to https://otda.ny.gov/programs/emergency-rental-assistance/legal-providers/ for additional information.
Systems Access
1. Where do I go to get more information?2. Will the ERAP rental assistance payment come to me or go to my landlord?
Rental assistance payments will be made directly to landlords.
3. What happens if I receive the incorrect amount of ERAP funds?
There may be rare instances in which landlords are approved for a certain amount but receive an overpayment or duplicate payment. These individuals will receive a notice detailing how to return the overage, which states:
- Overpayments in which you don't know how much to return: Contact the ERAP Call Center to discuss next steps
- Overpayments made via direct deposit or paper check that have already been cashed: Mail a paper check with the overage to New York State Office of Temporary & Disability Assistance, Cashier Unit, 40 North Pearl Street 14D, Albany, New York 12243
- Include the application number and document (voucher) number in the memo field.
- Overpayments made via paper check that haven't been cashed: Return the check to: State of New York Department of Taxation and Finance Division of the Treasury, PO Box 22119, Albany, New York 12201-2119
- The original check will be voided and a new check will be issued in the correct amount if applicable.
If you believe that you have received an overpayment or duplicate payment and have not yet received a notice about how to return the overage, please contact the ERAP Call Center to discuss next steps.
4. Will the ERAP utility arrears payment come to me or go to my utility company?
ERAP utility assistance payments will be made directly to the utility company.
5. How do I report a utility arrears discrepancy?
Given that utility arrears are sent directly to your provider, utility arrears discrepancies typically only occur when applicants are approved for utility assistance that doesn't match the highest 12 months of unpaid bills on or after March 2020. Applicants in this situation or who believe they have received the incorrect amount may submit an appeal or contact the ERAP Call Center for assistance with submitting an appeal.
