Effect of Gov. Cuomo’s Executive Order 202.28 on the Landlord/Tenant Relationship
On May 7, 2020, the Governor of the State of New York issued Executive Order No. 202.28 (the “Order”) in order to address issues arising out of the COVID-19 pandemic state emergency, which included three significant additions and/or modifications to his prior orders affecting the landlord-tenant relationship. The applicable provisions include (i) a limited extension of the Governor’s prior order staying residential and commercial evictions; (ii) permits all tenants and licensees of residential properties facing financial hardship due to the COVID-19 pandemic to immediately apply any security deposit to rent arrears or future rent (with repayment over twelve (12) months); and (iii) prohibits all landlords from assessing any late fee or charge for unpaid rent due from March 20, 2020 through August 20, 2020.