ERAP Emergency Rental Assistance in New York

Since the onset of the COVID-19 pandemic in early 2020, millions of New Yorkers have struggled to make their rental payments. Through lost jobs, illnesses, and countless other factors, people across the city have faced eviction. Fortunately, assistance programs are available, and can significantly help individuals and families who need help paying rent.

One of the largest programs is the Emergency Rental Assistance Program (ERAP). In this blog, the Outerbridge Law team will tell you everything you need to know about the ERAP, including what it is, how to determine eligibility, what ERAP provides, and much more. There’s a lot to cover, so let’s dive right in!

What is the Emergency Rental Assistance Program?

The New York State Emergency Rental Assistance Program is intended to provide significant economic relief to help low and moderate income households at risk of experiencing homelessness or housing instability. The ERAP intends on doing so by providing rental arrears, temporary rental assistance, and utility expenses assistance.

How to Know if You’re Eligible For The Emergency Rental Assistance Program

New York Residents must meet the following criteria in order to be eligible for the Emergency Rental Assistance Program:

• Have a total household income that is at or below 80 percent of the Area Median Income. These income limits will differ by county and household size. A household qualifies based on either current income for calendar year 2020 income.

• Have a total household income that is between 80 and 120 percent of the Area Median Income. These income limits will differ by county and household size. A household qualifies based on either current income for calendar year 2020 income. These households are eligible for a state funded ERAP payment as long as funds have not been previously exhausted. Applications for households with total income up to 120 percent of the Area Median Income will be processed on a first come, first served basis.

• If a member of the household received unemployment benefits or experienced a reduction in income, dealt with significant costs, or experienced financial hardships that have been caused, directly or indirectly, by the COVID 19 pandemic.

• The applicant is obligated to pay rent at their residence or has overdue rent on or after March 13, 2020.

• If the household is at risk of experiencing homelessness or housing instability, which should be demonstrated by having overdue rent on or after March 13, 2020.

• There are no immigration status requirements in order to be eligible.

• All applications for eligible households will be processed on a first come, first served basis so long as the funds have not been exhausted.

While ERAP funding is open to all who are eligible, some communities have opted to administer their own programs. Residents of the City of Rochester and Monroe County, and the towns of Hempstead, Islip, and Oyster Bay who receive an income up to 80 percent of the Area Median Income are not eligible for assistance from the state administered program, however can apply with their local programs in order to receive emergency rental assistance.

Residents of these communities may apply for a state-funded program providing funding to households with an income between 80 and 120 percent of the Area Median Income. Residents are also eligible for assistance from the state administered Emergency Rental Assistance Program if their locally administered program exhausts their funding.

Households eligible for ERAP due to overdue rent may also be eligible for assistance in paying their utility bills in the same rental unit.

How to Apply to the Emergency Rental Assistance Program

Applying for the Emergency Rental Assistance Program can be done online at any time. When applying, be sure to be prepared with all the proper information and documentation, including the income of the household members as well as rental amounts.

You must create an account in order to save an incomplete application. This way, you can return to the account and resume an incomplete application as necessary. Without an account, all your information will be lost and you’ll have to restart the process. Once the application has been completed, signed, and submitted, you can upload the required documentation at any time, however you should do so as soon as possible to ensure the application is reviewed and funded.

The following documentation is needed in order to apply:

• Personal Identification: Acceptable forms of identification include a photo ID, driver license or non-driver government issued ID, a passport, EBT/Benefits Issuance card, a birth certificate, or school registration.

• Social Security number of any household members who have been issued one

• Proof of rental amount and a signed lease, regardless of expiration date If no lease is available, then proof can be shown through a rent receipt, canceled check, or money order. If no documentation is available, the landlord can attest.

• Proof of residency and occupancy

• Signed lease, rent receipt, utility bill, bank statement, postal mail with name of applicant, insurance bill, or driver license (must not be expired).

• Proof of Income

• Documents demonstrating monthly income, such as pay stubs, bank account deposits, unemployment benefits letter, or other proof, OR documents demonstrating annual income for 2020, such as W-2 tax form, annual statement of earnings, or copy of a completed income tax return, OR self attestation through written and signed statement of income is permitted in circumstances where no documentation is available.

• A copy of gas or electric utility bill if applying for assistance paying for utility bills

A lawful immigration status is not required to qualify for the program.

Benefits of the ERAP

The Emergency Rental Assistance Program is a massive asset for those who need it. Households who are approved for the ERAP are eligible to receive:

• Up to 12 months of overdue rent payments for rent accrued on or after March 13, 2020.

• Up to 3 months of additional rental assistance, so long as the household is expected to spend 30 percent or more of their total monthly income on rent.

• Up to 12 months of electric or gas utility bill payments for arrears that have accrued on or after March 13, 2020.

Payments will be made directly to landlord/property owners or utility companies on behalf of the applicant. Applicants will be notified of the amounts that have been paid on their behalf. Funds will be held for up to 180 days to allow sufficient time to locate the landlord and collect required information in order for payments to be made.

Additional Information for ERAP Applicants

The OTDA previously predicted funding Emergency Rental Assistance Program (ERAP) applications submitted through October 7, 2021, however the 2022-2023 State budget has included additional funding that allows the OTDA to continue processing applications submitted through March 31, 2022. Unfortunately, there have not been any additional updates as to whether the OTDA has adequate funding to continue processing applications submitted past March 31, 2022.

While this may be the case, there are certain municipalities that have received ERAP funds directly from the federal government and have not completely exhausted these funds yet. This means that these municipalities are more likely to fund applications submitted past March 31, 2022, and therefore, tenants are encouraged to continue to apply. These municipalities include:

• Nassau County (not including the gowns of Hempstead or Oyster Bay)

• Suffolk County (not including the towns of Babylon, Brookhaven, or Islip)

When applying for the Emergency Rental Assistance Program, it is important to note that subsidized housing tenants whose rent is limited to a certain percentage of their income are not currently being paid. These applicants will be paid after all other eligible applications have been reviewed and paid.

Those who reside in public housing are strongly encouraged to contact their public housing authority to determine if their rent can be adjusted due to a change in circumstances, such as a reduction in income.

As of February 14, 2022, funding set aside for households with income over 80 percent and up to 120 percent of the area median income has been moved to support applications received for the Landlord Rental Assistance Program (LRAP). However, those who have submitted applications prior to February 14, 2022 are expected to be funded.

Households who are in need of immediate assistance with help paying for overdue rent, ongoing rent, food, or providing heating assistance are encouraged to apply for assistance through their local department of social services office, online through myBenefits, or the United Way Helpline. Additional information on local services can be found by calling 311 or visiting ACCESS HRA.