We have decided to postpone our annual Commitment to Justice Reception to May 11, 2022, due to the rise in COVID cases and the Delta variant spike. This decision was made out of our serious concern for the safety all our supporters, staff, board members, council members and honorees.

OPTIONS FOR TENANTS FACING EVICTION

LATEST EVICTION UPDATE

In reaction to the recent Supreme Court determination regarding the Hardship Declarations in Chrysafis v. Marks, Judge Lawrence K. Marks, the Chief Administrative Judge of the State of New York, issued a Memorandum on August 17, 2021. This undid some of the protections afforded to tenants in the COVID-19 Emergency Eviction and Foreclosure Prevention Acts of 2020 and 2021 such as:

1. No automatic stay of residential eviction proceedings or stay of the commencement of residential evictions proceedings upon the filing of a Hardship Declaration by the Respondent/Tenant.

2. Landlords no longer have to serve a Hardship Declaration with predicate notices or with the Notice of Petition and Petition.

3. Landlords no longer have to file an affidavit stating that they have not received a Hardship Declaration prior to commencing a new summary eviction proceeding.

4. The courts may start restoring those cases that had been stayed due to the filing of a Hardship Declaration.

However, Judge Marks does note that the courts must continue to be mindful of any stays that may be applicable in an eviction case due to any state statutes or federal moratoria.

TOWN OF BROOKHAVEN RESIDENTS CAN MEET WITH A NSLS ATTORNEY ON ANY TENANT-RELATED LEGAL ISSUES

Nassau/Suffolk Law Services will be at the Patchogue-Medford Public Library on Mondays from 2-5 pm to answer your tenant-related legal questions.

To make an appointment, call the library at 631-654-4700 ext. 152.

APPLY FOR RENTAL OR UTILITY ARREARS RELATED TO THE PANDEMIC

The Emergency Rental Assistance Program for Rental and Utility Arrears accrued as a result of the pandemic is ongoing. A landlord or a tenant can apply at otda.ny.gov or call 844-NY1RENT (844-691-7368). The Towns of Oyster Bay, Hempstead, and Islip are administering their own ERAP funds. Tenants and landlords in those towns should apply directly with their Town program.

If a tenant only owes Utility arrears, then the tenant should apply through their local Department of Social Services. However, if the utilities are not separately metered and are "added rent," then those charges can be included as rental arrearages when applying for ERAP.

POTENTIAL WAYS TO STAY AN EVICTION

A tenant can still assert any financial hardship defenses under New York's Tenant Safe Harbor Act in an eviction proceeding. Although a court cannot issue a warrant of eviction for nonpayment of rent during the COVID-19 emergency, a money judgment can still be awarded to a landlord.

Last night, the Supreme Court ruled in Alabama Association of Realtors, et al v. Department of Health and Human Services that the CDC Federal Eviction Moratorium, previously extended until October 3, 2021 for tenants experiencing financial hardship due to the pandemic in counties experiencing substantial or high rates of community transmission, cannot be enforced. Thus, any CDC hardship declaration used by a tenant can no longer stay an eviction.

The best way to receive a stay on an eviction due to rental arrears is to file an application for the ERAP program. The eviction will be stayed until there is a determination on the application.

WATCH OUR RECENT ADVOCATE TRAINING

The Legal Support Center for Advocates recently hosted a training entitled "Preparing for the End of the Moratorium" given by our Housing Unit Supervising Attorney, Marissa Luchs Kindler. If you missed it, you can see the recording on our website.

Advocates are Ready to Assist Residents with the ERAP Program

	Suffolk County
Town of Brookhaven	Family Service League	(631) 591-7580
	SEPA Mujer	(631) 980-2555
	Long Island Coalition for the Homeless	631) 464-4314 or (516) 884-6812
	Patchogue Medford Public Library (Patchogue) Mondays from 2-5pm	Middle Country Public Library (Selden) Thursdays 3-6pm
	Longwood Public Library (Middle Island) Tuesdays from 2-5pm	Comsewogue Public Library (Port Jefferson) Fridays 2-5pm
	EOC of Suffolk	(631) 842-6100
	Options for Community Living	(631) 361-9020ext.1197
	Federation of Organizations	(631) 447-6460 ext. 2210
Town of Huntington	Housing Help	(631) 754-0373
	Family Service League	(631) 427-3700
Town of Islip	Islip CDA	(631) 665-1185
Eastern Long Island	OLA	(631) 899-3441

	Nassau County
Town of Hempstead	Family and Children's Association	(516) 746-0350
	Leadership Training Institute	(516) 483-3400
Town of Oyster Bay	Long Island Housing Partnership	844-260-7541

What's new...

WELCOME, NEW STAFF!

Law Services has been growing to better address the needs of Long Islanders emerging from the pandemic. Other long-time Law Services staff have moved into new positions.

Join us in welcoming our new Staff Attorney, Jayne Guarino, who will be working in our Disability-Related Unit in Islandia.

Congratulations to Petruska Khiamal, Staff Attorney, on her move to our Family Law Unit.

Whether you are a seasoned professional or just joining the legal community, Nassau Suffolk Law Services can offer you an opportunity to make a real impact in the lives of low-income individuals and communities on Long Island.

The following position(s) are currently available as of August 2021.

Paralegal/Intake Specialist

Paralegal for Family Law Units in Suffolk County

Paralegal for Volunteer Lawyers Project in Nassau County

Full-time Staff Attorney for Suffolk County Civil Unit

Full-Time Paralegal for Mental Health Unit in Nassau County

Two (2) Full-time Staff Attorneys for Consumer Debt Law Project, Suffolk County

Full-Time Staff Attorney for Mental Health Unit in Nassau County

Full-time Staff Attorney for Community Legal Help Project

Homeowners Rights During The Pandemic

Presented by NSLS Foreclosure Prevention Project in Partnership with the Copiague Memorial Public Library

Many homeowners are struggling to pay their housing expenses because of the pandemic. Come learn about homeowners' rights and options from Nassau Suffolk Law Services' Foreclosure Unit.

Topics discussed will include options for working with your lender and the foreclosure process, including:

Forbearance;
Repayment plans;
Loan modifications;
The foreclosure process;
Homeowner assistance programs.

Thursday, September 9, 6:00 pm

[RESCHEDULED PRESENTATION]

Calling All Volunteers!

Compassionate attorneys and other volunteers are needed to assist people with limited resources who are facing legal challenges on their own.

For more information about becoming a Pro Bono Attorney or NSLS Volunteer, please contact:

Carolyn McQuade in Suffolk County: (631) 232-2400, ext. 3325, cmcquade@nsls.legal

Susan Biller in Nassau County: (516) 292-8100, ext. 3136, sbiller@nsls.legal

To help people facing eviction, please contact:

Michele Fischetti in Suffolk County: (631) 232-2400, ext. 3362, mfischetti@nsls.legal

Roberta Scoll in Nassau County: (516) 292-8100, ext. 3115, rscoll@nsls.legal

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