The eviction ban in Westchester County expired on December 31st. The ban was initially put in place to reduce the spread of COVID-19 among renters. This expiration has important implications for real estate investors.
This protective measure, implemented by the CDC, was designed to prevent a surge in evictions that could contribute to the spread of the virus. The eviction moratorium specifically applied to individuals already eligible for the CARES Act who had fallen behind on rent payments. The primary goal was to protect tenants from overcrowding or homelessness. It aimed to address public health concerns during the pandemic. To avail of this protection, tenants were required tosubmit a declarationaffirming that the pandemic had caused them hardship.
Tenants also had to show proof of actively seeking and applying for any financial help that was available. It was strongly recommended that they provide thorough documentation. The declaration also mandated that tenants articulate the likelihood of facing homelessness if subjected to eviction.
With the imminent expiration of the eviction ban, real estate investors in Westchester County face a pivotal moment that could significantly impact the local real estate landscape. The potential resumption of eviction proceedings may reshape the dynamics of the rental market in Yonkers, requiring investors to adapt their strategies accordingly. Investors must be keenly aware of changing circumstances. This awareness is essential for navigating the post-moratorium period. It will help them make informed decisions based on evolving conditions.
Other Reasons
Throughout the eviction moratorium in Westchester County, real estate investors retain the option to pursue evictions for reasons beyond non-payment of rent. Instances involving tenants engaging in criminal activities, threatening other residents, or any other legitimate grounds for eviction are not subject to the moratorium.
It is crucial for landlords to exercise due diligence to ensure that tenants do not qualify for the terms of a standing order. Should tenants produce a signed statement citing financial difficulties due to the pandemic, landlords should be prepared to withdraw from eviction proceedings. Additionally, staying informed about the standing CDC order and any state or local government orders pertaining to tenants and evictions is imperative.
Civil penalties present a risk for both landlords and residents in the event of non-compliance, potentially resulting in substantial fines. Landlords should be aware of the potential consequences and navigate these complexities carefully. Tenants who cannot answer all qualifying questions in the signed document do not receive the outlined benefits. This emphasizes the legal seriousness of the situation. Landlords must maintain compliance with orders and regulations. They should also address legitimate concerns during the eviction moratorium.
Partial Rent
After the order expires, tenants face two challenges: unpaid rent and future full payments. Landlords in Westchester County may benefit from discussing overdue rent with tenants during the eviction moratorium. Engaging in thoughtful discussions about partial payments throughout the stipulated period could be worthwhile.
Conversely, real estate investors may need to diversify their income streams to compensate for the deficit in rental payments. One possible option is to start legal proceedings. These proceedings aim to recover the unpaid rent. However, the likelihood of success in this endeavor remains uncertain, given the prevailing backdrop of financial hardship as the primary catalyst for the non-payment of rent.
Filing Evictions
The order will not be heard until it expires. An amendment to the initial eviction moratorium in Westchester County allows real estate investors to start eviction court proceedings before the order ends. It’s important to note that any eviction actions cannot be executed during the specified timeframe covered by the order. The revised guidelines provide clear information on the order’s scope. You can find this information in the Frequently Asked Questions section on the CDC website. It is presented as a documented resource.
Typically, the eviction process spans a duration of 3 to 30 days. The initiation of eviction proceedings will largely hinge on the local laws governing the property, especially those introduced at the conclusion of the pandemic-related moratoriums. Courts may commence processing evictions as early as January 2021. Landlords are advised to stay informed about recent court cases that challenge the moratorium on behalf of landlords. These challenges are often grounded in the argument that the CDC lacks constitutional authority to implement rent-related policies. Remaining current on such developments is crucial for landlords navigating the intricate landscape of eviction regulations.
Repayment Plan
Real estate investors operating in Yonkers are advised to explore the possibility of creating a structured plan for settling the accrued back rent during the eviction moratorium. Often, landlords and tenants share a positive relationship and are mutually invested in preserving their existing agreement.
If both parties can financially accommodate and reach a consensus on the additional monthly amounts, coupled with future rent payments, the retention of reliable tenants becomes a viable prospect. This not only fosters a positive landlord-tenant dynamic but also brings the satisfaction of aiding a family in maintaining their residence. It is optimal for all parties involved if proactive collaboration with tenants occurs well in advance of the impending deadline.
Document Communication
When communicating with tenants protected by the eviction moratorium in Yonkers, real estate investors are urged to diligently record all interactions. This meticulous documentation serves as a crucial resource in the event of legal proceedings, offering a comprehensive account of the steps taken to collaborate with tenants during this period. Landlords can protect themselves by keeping detailed records. This helps if tenants hide important information during court proceedings.
For comprehensive insights into the rights of landlords and the implications of the eviction moratorium on real estate investors in Yonkers, Astor Lane Homes is available to provide guidance. Whether you have questions or concerns about the post-new year situation for renters, our team is ready to assist. Don’t hesitate to reach out by sending us a message or giving us a call today at (914) 266-0055!