Benefits Available and Who is Eligible

1. What is the Emergency Rental Assistance Program and what help does it provide?

The Emergency Rental Assistance Program (ERAP) is an economic relief program developed to help eligible households residing in New York State address rental and utility arrears at their primary residence accumulated during the COVID-19 crisis. The program will provide significant economic relief to low- and moderate-income tenants and will help landlords obtain rents due. Approved applicants may receive:

• Up to 12 months of rental arrears payments for rents accrued on or after March 13, 2020.
• Up to 3 months of additional rental assistance if the household is expected to spend 30 percent or more of their gross monthly income to pay for rent.
• Up to 12 months of electric or gas utility arrears payments for arrears that have accrued on or after March 13, 2020.

Payments will be made directly to the landlord/property owner and utility company on behalf of the tenant. Tenants, landlords/property managers and utility companies will be notified of the amounts paid on their behalf. If a landlord is difficult to locate or does not otherwise provide information needed to complete the application after initial outreach efforts, funds will be held for 180 days to allow sufficient time to locate the landlord and collect required information, as well as to provide tenant protections and maximize landlord participation.

2. Am I eligible for the Emergency Rental Assistance Program?

Tenants in New York State may be eligible for ERAP if all the following apply:

• Household gross income is at or below 80 percent of the Area Median Income (AMI). These income limits differ by county and household size. A household may qualify based on either current monthly income or calendar year 2020 income that is at or below 80 percent AMI.
• 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 is obligated to pay rent and has rental arrears (rent overdue) at their current residence for rent owed on or after March 13, 2020.
• The 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.

Citizenship or immigration status are not eligibility requirements.

Important Note Regarding Priority Application Processing

For the first 30 days of the program, priority will be given to households in the following order:

1. 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 currently 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.
2. Households with income at or below 50 percent AMI.
3. 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 currently 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.
4. Households with income at or below 80 percent AMI.

After the first 30 days, applications for all eligible households will be processed on a first-come, first-served basis, as long as funds remain available.

3. Do I need to have lawful immigration status to be eligible to receive rental assistance?

No. Individuals do not need to have a lawful immigration status to qualify for the program.

4. How will eligible ERAP households receive utility arrears relief?

For households determined eligible for ERAP who also have gas and/or electric utility arrears, those arrears will be paid in one of three ways, depending on individual circumstances:

• A utility arrears payment made directly to your utility company funded through the Home Energy Assistance Program (HEAP), for those eligible for HEAP (view HEAP eligibility information);
• Forgiveness of your utility arrears by your utility company; or
• A utility arrears payment made directly to your utility company funded through ERAP.

5. Can I apply for utility arrears assistance only?

No. An individual must be eligible for ERAP rental arrears assistance 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 Resource Administration HEAP webpage.

6. 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, or other documentation demonstrating monthly income.

  OR

• Annual 2020 Income by documentation of 2020 income through documents such as a W-2 tax form from an employer, an annual statement of earnings, 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 is permitted in certain circumstances where no documentation is available, such as certain self-employment.

7. 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, 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.

8. Do I need to repay assistance provided through ERAP?

No, eligible households are not required to repay rental or utility arrears assistance provided through ERAP. The only instance that would require repayment would be if there is a determination that the application submitted was fraudulent and the application should not have been approved.

9. Can I apply for other rental assistance while being assisted with ERAP?

Yes, you can apply for other rental assistance, but 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.

10. How does the Emergency Rental Assistance Program differ from the COVID 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 rent arrears owed but provided rent relief to tenants and landlords.

The Emergency Rental Assistance Program will, for most eligible households, cover the full amount of rent due for up to 12 months. Households that participated in the Rent Relief Program may be eligible for additional help through ERAP.

11. If I received help through the previous COVID Rent Relief Program, but still need help, am I eligible for help through the Emergency Rental Assistance Program?

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 and are encouraged to apply.

12. 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; their application will be assessed for eligibility after other prioritized applications have been considered. The impacted types of housing include tenants receiving a Section 8 Housing Choice voucher or those who reside in public housing 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 voucher administrator to request an Interim Recertification.

13. What types of rental properties are eligible for assistance?

The following types of residential rental properties are available for ERAP assistance:

• Apartment rental;
• Condo or Co-op rental;
• Rent for a single-family home; or
• Manufactured home or manufactured home lot rental.

14. Will ERAP help me pay overdue mortgage payments?

No. ERAP is only available to pay rental arrears.

15. Are college students eligible for rental assistance through ERAP?

An individual, full-time college student, or a household consisting exclusively of full-time college students, is eligible for this program only if each 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.

16. Can my landlord apply for ERAP for me?

Your landlord may start the ERAP application, but both the landlord and tenant must complete certain parts of the application. If your landlord starts the application, you will receive an email or text to complete the required tenant information.

Your landlord may help you complete the parts of the application, like how much rent arrears you owe.

Tenants must provide certain tenant-specific information such as income and must sign the application indicating agreement with certain information included in the application.

17. What documents will I need to submit to prove that I am eligible for ERAP?

• Personal identification for all household members. Acceptable forms of identification include: A photo ID, driver license or non-driver government issued ID, passport, EBT/Benefits Issuance Card, birth or baptismal certificate, school registration.
• Social Security number of any household members who have been issued one. Individuals do not need to have a lawful immigration status to qualify for the program.
• Proof of rental amount, signed lease, even if expired. If no lease is available then proof can be shown through 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 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 W-2 tax form from an employer, an annual statement of earnings, a copy of completed income tax return, such as 1040, 1040EZ, 1099 tax form or other evidence of 2020 annual income.
  • Self-attestation of income is permitted in certain circumstances where no documentation is available such as certain self-employment.
• Copy of gas or electric utility bill, if applying for help paying for utility arrears at the same rental unit.

Applicants will be asked to 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 will need 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.

18. 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.

19. Are all locations throughout NY State eligible for ERAP assistance?

No. Seven communities that received funding for emergency rental assistance directly from the federal government opted to administer their own programs. If you live in any of the following communities, assistance is available directly in your community and you are NOT eligible to apply for ERAP through NY State:

• City of Rochester and Monroe County
• Town of Hempstead
• Town of Oyster Bay
• Town of Islip
• Onondaga County
• City of Yonkers

Application Processing

1. Will help through ERAP be provided on a first-come, first-served basis?

For the first 30 days of the program, priority will be given to households in the following order:

1. 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 currently 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.
2. Households with income at or below 50 percent AMI.
3. 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 currently 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.
4. Households with income at or below 80 percent AMI.

After the first 30 days, applications for all eligible households will be processed on a first-come, first-served basis, as long as funds remain available.

2. 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.

In order for your application to be considered complete, all required fields on the application must be completed.

3. 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/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 180 days. Tenants will receive written notification of the available rental assistance. Tenants should share this 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.

4. 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 may work jointly to complete an application and tenants may choose to provide personal information to landlords to help them submit a completed application.

5. 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.

Assistance for Tenants not Eligible for ERAP

1. What if I am denied help through ERAP? How can I get help?

Households who are ineligible for ERAP may seek assistance through:

• Their local department of social services office.
• The United Way Helpline, which has access to various local services throughout the state. They can be reached by phone by dialing 211.
• New York City residents can get information on various local services by calling 311.

Landlord / Property Owner Considerations

1. As a landlord, can I apply on behalf of my tenant?

Landlords may start the application process and may provide required landlord information online. If the landlord starts the application, a notification will go to the tenant that the application has been started and ask that they complete the required tenant information.

2. What documentation is a landlord expected to provide?

• Completed W-9 tax form.
• 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.

3. 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.
• Waive any late fees due on any rental arrears covered by the ERAP payment.
• 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.
• 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.

Tenant Protections

1. If I receive help through ERAP, can my landlord still evict me?

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.
• Waive any late fees due on any rental arrears covered by the ERAP payment.
• 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.
• 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.

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, where the ERAP funds are covering future rents, the payment will cover the difference between your 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. 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.

You can only receive assistance for the address where you are currently living.

5. Can I get an ERAP application in a language other than English?

Yes, the application will be available in multiple languages.

6. Should I stop paying my rent as soon as I submit my application for ERAP?

No, your rent is still due. 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.

7. 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, months included and tenant protections resulting from ERAP.