New York COVID-19 Pandemic Laws

focused woman in mask, due to COVID-19 pandemic, reading newspaper in metro train

Unemployment

  • Mainly a continuation of the 2020 Laws
  • General Extension – Programs End September 5, 2021
    • PUA
      • Available until the sooner of September 5, 2021 and 57 total weeks of eligibility
      • New Claimants (beginning February 1, 2021) have additional documentation requirements
    • PEUC
      • Available until the sooner of September 5, 2021 and 99 total weeks of eligibility
      • Applications from September 7, 2020 and later have 46 total weeks of eligibility
    • FPUC or PUC
      • $300/week 
      • Start – Week Ending January 3, 2021
      • End – Week Ending September 5, 2021
      • No PUC benefits from July 27, 2020 – December 27, 2020
  • Continue to certify for weekly benefits.  This remains as important as ever.
  • *NEW* Part Time Rule
    • Part-time work is now allowed
    • Instead of counting days worked, claimants can count hours worked
    • This allows for some benefits to be given even though a person is working
  • Additional Information
  • Common Issues and Solutions
  • Undocumented* – NEW LAW IN NY 2021 BUDGET

    • Undocumented immigrants can receive the equivalent of UI or PUA benefits
    • These will be one-time payments (1 lump sum) of either:
      • $15,600.00, or
      • $ 3,200.00
    • Both subject to taxes
    • Must show that they are NYS residents, ineligible for UI, and lost income because of COVID-19
      • Tax ID Number (TIN) NOT required
      • Can use NYS ID; NYC ID; school transcript; utility bills; bank statements; pay stubs, income tax forms, or letter from employer
    • Guidelines and Application Instructions
    • For assistance, please contact Andrew Rozo.

Housing

**NEW** – New York Only
  • New York State made a new eviction moratorium that ends on January 15, 2022
  • This is mainly an extension of the federal protections with some additional steps in light of recent U.S. Supreme Court decisions.
  • A tenant must still file a “hardship declaration” to prevent an eviction.
  • Now, however, landlords can challenge the hardship declarations. 
    • Commercial businesses and foreclosures have the same opportunity.
  • Now, a hearing will occur in court to decide whether the declaration is true and whether an eviction proceeding can commence.
  • Now, there is an eviction alternative: ERAP (Emergency Rental Assistance Program)
    • Successful applications can provide landlords with a past year of unpaid rent and can provide tenants with another year of housing stability.
Federal Law
  • Mainly a continuation of the 2020 Laws
  • No Evictions due to financial hardship caused by the pandemic until August 31, 2021
    • There are a few legal requirements associated with this protection for tenants, primarily that a tenant must file a “hardship declaration” to benefit.
    • NOTE: Rent is still due. Pay now if you can.
  • Utilities cannot be shutoff for failure to pay
  • No Mortgage or Tax Foreclosures due to financial hardship caused by the pandemic until August 31, 2021
    • There are also a few legal requirements for Landlords to qualify for this protection
    • This protection also prevents any related negative credit reporting
  • Additional Help
  • Related: Similar protections for small businesses

Labor

  • Employees are entitled to 4 hours of paid time off to receive the COVID-19 vaccine
    • This applies for each injection, if the employee needs more than one
    • Additional details depend on the company
    • General Guidance
  • Sick Leave
    • Employers with at least 5 employees or more than $1 million in net income must provide paid sick leave
    • Employers with less then 5 employees and less than $1 million in net income must provide unpaid sick leave
    • Most companies must provide 5 days or 40 hours of leave
    • Additional Details

Contact Me For More Help & Advice


Andrew Rozo
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