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New York State's extended eviction ban during COVID disputed by some, praised by others

Tenants, landlords have been impacted throughout the COVID pandemic.

BUFFALO, N.Y. — Landlord-tenant issues have always been a point of contention. But COVID has obviously made things much worse for some on both sides with its economic impact.

Perhaps that is why there is some pushback on the state's recent extension of its eviction moratorium policy.

When it comes to state government in Albany, many critics point out that there tends to be a one-size-fits-all approach to legislation.

Some feel the decision to put evictions on hold is a good example with the predominant influence of New York City guiding policy with larger sometimes corporate property owners as opposed to landlords with only a few properties to rent out. 

David Cohen says his catering business was basically shut down due to the pandemic, so he was counting on the three apartments he rents out, including one over his North Tonawanda business, to generate some income.

However, he says one tenant has only paid partial rent for several months and nothing at all in recent months. Cohen says, "I'm not getting rent. And with the moratorium going to be extended until May, by the time evictions can start, we're looking June, going to be over $13,000 I'm owed."

He adds: "When they make these rules it is so based on New York City itself. They're forgetting about the little guy, and I'm a little guy. I own a business. I work by myself and what they're doing is they're punishing me."

Andrew Bojak, who is an attorney and tenant advocate contends the state moratorium, which also covers a now-expiring federal freeze on evictions as well, was definitely needed. He even claims some landlords have changed locks or cut off water lines to tenants they wanted out.

Bojak says, "We have been hearing from tenants who have been strong - armed by their landlords in many ways, trying to force them out  because they know they cannot get legal release of an eviction."

Whatever the case, the state law does require tenants who cannot currently afford their rent to fill out a formal declaration of economic hardship due to circumstances with COVID. It is not clear if that is legally binding.

The state's newly approved eviction moratorium law does provide some protection for landlords with a hold as well on property foreclosures or tax lien sales by local governments.

    

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