HDFC UPDATE ALERT

Does your HDFC have a formal smoking policy in place?  New York City Local Law 147 requires residential buildings with three or more residential units to create a policy on smoking and to share or disclose it with current and future shareholders/tenants. Failure to comply results in fines from the NYC Health Department. Please contact us if you’d like help instituting a smoking policy.

ICYMI: The New York State Legislature has extended the moratorium on residential and commercial evictions and foreclosures until January 15, 2022. A tenant/Shareholder can stay an eviction by submitting a hardship declaration to their landlord/HDFC or to a court until January 15. Small business eviction and foreclosure moratoriums - applicable to businesses with 100 or fewer employees - are also extended to January 15, 2022. The extension includes additional due process measures for Landlords/HDFCs to enable a challenge of a tenant’s or shareholder’s hardship declaration. The movant would make a motion and file an affidavit articulating a good faith belief that the tenant/shareholder is not experiencing a hardship. If the court finds that a tenant is suffering a hardship, the court must direct the tenant to apply for the New York State Emergency Rental Assistance Program money (ERAP).

Shareholders in low income co-ops are not eligible for New York State Emergency Rental Assistance Program money (ERAP) to cover monthly co-op/maintenance fees. We urge you to contact your state elected representatives to ask for this program to be expanded. Goldstein Hall is currently compiling a list of possible resources for shareholders in arrears due to loss of income attributable to the COVID-19 pandemic.

Questions? Contact:

Rachel D. Jaffe Senior Associate, HDFC Practice Group Coordinator E-mail Rachel

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GOLDSTEIN HALL PLLC | www.goldsteinhall.com New York City • Albany • New Rochelle • Washington, D.C

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