Small property owners can't evict bad tenants under New York's moratorium
ALBANY, N.Y. (WRGB) — As a result of the eviction moratorium, small property owners in New York say they’re dealing with much more than just back rent.
Evictions in New York State are currently on hold at least until October 1st, which means renters can’t be evicted for any reason, even if it’s not COVID-related.
Whether it’s engaging in illegal activity or destructive behavior, renters can’t be evicted as long as the moratorium is in place.
“No matter what they do, there is nothing we can do. The police can’t help us. The courts won’t help us, and the New York State government won’t help us,” said Todd Drake, small property owner, Empire Real Estate Management, LLC
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Drake tells CBS6 he’s dealing with unsavory renters that he feels are now abusing the situation and creating circumstances that are impacting not only him, but the other residents.
“We had somebody in the building that invited another person to live with him and was not on the lease. She began- I think she uses substances or has mental health issues - she began smearing feces all over the walls in common areas. The other residents were appalled,” said Drake.
He tells CBS6'S Briana Supardi that another tenant has been throwing cat litter and feces out the window.
Small property owners like Drake say the state has essentially given people free reign to do what they want.
“I have moms that scared to be on the property because the next-door neighbor can’t be evicted,” said Deborah Pusatere, small property owner and President of New York Capital Region Apartment Association. “Maybe that bad behaving tenant is paying rent but they are doing things that are causing quality-of-life issues for the other tenants that are paying rent.”
Attorney Kenneth Schwartz says until the courts start accepting eviction hearings, there is little they can do.
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“The best that they may be able to do is see if there’s any criminal activity to have them arrested for it but right now I can’t do anything,” said Schwartz.
Both Drake and Pusatere feel that small property owners have been forced to take on the government’s responsibility in providing free housing at the expense of their own wallet.
“Housing is the only industry I know of in New York State where we are forced to continually give someone a product by law without being paid for it and having no means to take back our property,” said Drake.
CBS6 reached out to the Governor’s Office for any comment on these concerns and to see if they are working on providing protections for landlords, but have not heard back at this time.
