In efforts to push Assemblyman Jeffrey Dinowitz for support of the Housing Justice for All Rent Relief Package of 2020, members and supporters of the Northwest Bronx Community & Clergy Coalition (NWBCCC) organized a caroling rally outside the assemblyman’s home on Thursday, Dec. 17. The three-bill package, drafted by a number of State senators and assembly members, and supported by the Housing Justice for All coalition, aimed to address the statewide eviction, rent, and homelessness crisis in New York, exacerbated by the COVID-19 pandemic.

 

Had it passed the state and assembly, the package would have instituted a universal eviction moratorium for residential and commercial tenants, and would have forgiven rent from Mar. 7, 2020 until 90 days after the end of the pandemic. Additionally, a state-funded voucher program would have been created to prioritize housing for the homeless. Of the three bills, as of Dec. 17, Dinowitz, who represents New York’s 79^th assembly district, had shown his support for the voucher program.

 

NWBCCC advocates said supporting one bill was not enough and encouraged Dinowitz to sign on to all three, saying they were fighting for all families, and not just those who found themselves in a bad predicament due to COVID-19.

 

On the night of the rally, NWBCCC and allies gathered outside the assemblyman’s home in the Northwest Bronx, carrying signs and called for housing justice. Wearing thick winter coats, and straddling fresh piles of snow, they sang modified versions of “Santa Claus Is Coming To Town,” “The Dreidel Song,” and “Deck The Halls.”

 

“We really hope through these Christmas carols that we can convince Dinowitz to help us,” said Juan Nuñez, a tenant leader at 2770 Kingsbridge Terrace in the Bronx. “People need help paying rent. They’re anxious about eviction. They don’t know what to do,” said Nuñez. “We’re not getting help from the federal government or anywhere, honestly.”

 

Although Dinowitz never appeared or addressed the protestors on the night in question, he took to Twitter the following morning, criticizing their tactics. “Having passed more pro-tenant bills than any Bronx assembly member this year, I appreciate your advocacy,” he said. “But, loudly demonstrating in front of my home as my family, and many of my neighbors were celebrating the final night of Chanukah [Jewish holiday] is incredibly culturally insensitive.”

 

In June, Dinowitz and State Sen. Brad Holyman, who represents New York’s 27th Senate District, sponsored the Tenant Safe Harbor Act. Signed into law by Governor Andrew Cuomo, the act provided eviction protection for New Yorkers who could not pay their rent due to the economic downturn caused by the pandemic, but it didn’t prohibit courts from issuing money judgments.

 

In a letter to housing advocates in November, a copy of which has been received by Norwood News, Dinowitz wrote, “I believe the Tenant Safe Harbor law, although certainly not a panacea, will prevent tens of thousands of New Yorkers from losing their homes.” He added, “It prevents all New Yorkers from being evicted for nonpayment of rent if the tenant has suffered a financial hardship during this period. I believe this is an incredibly significant protection and should not be understated.”

But supporters of the Housing Justice For All Rent Relief Package disagreed with Dinowitz. “The Tenant Safe Harbor Act makes tenants promise to pay back money (in rental payments) many can’t even guarantee they can pay back,” said an NWBCCC representative in an email to the Norwood News. “It doesn’t include those who were already facing eviction prior to COVID-19 and the pandemic. It’s a weak resemblance to the three-part legislation we’re pushing for.”

 

As New York started to see another gradual increase in coronavirus infections after the summer, Gov. Andrew Cuomo signed an executive order on Sept. 28, expanding Safe Harbor Act protections to eviction cases which had arisen prior to the pandemic through Jan. 1, 2021. However, it was unclear if the extension would apply to all pre-pandemic evictions, whatever the reason for the eviction e.g. violation of rules, or if it would only cover evictions arising from the non-payment of rent. In any case, housing justice advocates said they believed the extension would, anyway, only delay the inevitable deluge of court-mandated removals expected to occur in 2021.

 

As one of New York’s hardest-hit boroughs from COVID-19, residents of the Bronx have struggled with chronic food insecurity and an unemployment rate of 17.5 percent according to figures from the Bureau of Labor Statistics. The rate has more than tripled since last year’s rate of 5 percent.

 

“For around 12 years, I have paid rent,” said Mildred Hernández, 52, who also attended the rally. “Before the pandemic, I always had good employment to cover my rent and my extra expenses. Now, we are suffering the loss of our families, and the loss of our jobs.” She added, “Dinowitz has not given us any clear reasons as to why he won’t sign on to cancel rent and stop all evictions during this pandemic. If he has the power to support us, then why not ask him, and keep asking him until he signs on to the two remaining bills that will help us tenants the most?”

 

Still, as of Dec. 17, Dinowitz was not in agreement that a moratorium on rent was the answer, as proposed in the Housing Justice For All package. “They want to cancel rent, and I have not signed on to that,” he said in a phone interview on Dec. 18 with the Norwood News. “I don’t think that’s constitutional.” The assemblyman did acknowledge that it would be disastrous if there were to be a large number of evictions taking place while the pandemic still raged. “I’m working hard in the assembly to address these issues,” he said. “But I’m certainly not going to be bullied into putting my name on legislation because eight or ten people are singing Christmas carols in front of my building.”

 

It was looking unlikely that any new housing legislation would be voted on prior to the Christmas holiday but NWBCCC vowed to keep pushing for the passage of their rent relief package. “We will continue to fight for a full moratorium on evictions, cancellation of rent, mortgages, and housing vouchers for the homeless,” said an NWBCCC representative during the rally.

Earlier that day, on Dec. 17, the New York State Homes & Community Renewal Commissioner, RuthAnne Visnauskas, announced the re-opening and expansion of the COVID Rent Relief Program “in an effort to serve New Yorkers” who may not have had the opportunity to apply initially for rent relief, or who may have been previously ineligible to apply.

 

Under the expanded program, which went into effect Friday, Dec. 18, and remains open through Feb 1, 2021, rent relief applicants who previously applied and were denied their application do not need to reapply to be considered under the new criteria. HCR will re-evaluate their applications, where denied, and issue revised determination letters to them. New applicants can apply online at HCR.NY.GOV/RRP.  

 

Due to the change in eligibility requirements, the program no longer requires households to have been “rent burdened” prior to the pandemic in order to qualify for rent relief, and “rent burden” is now defined as paying more than 30 percent of one’s monthly gross income towards rent. Despite that announcement, NWBCCC said nothing had changed for them.

 

 

“We, and all of the other groups of housing justice for all coalition, have criticized this failing [rent relief] program because it falls short of keeping all people at risk of eviction in their homes during a pandemic, and this criticism stands,” an NWBCCC representative told the Norwood News.  For ten months, tenants have been sharing how cancellation of rent and a full moratorium are what is needed for immediate survival,” the group added.

“The rent relief program wasn’t enough. Tenants have shared that their solutions – to cancel rent and an eviction moratorium – are the best ways to keep our communities from becoming homeless right now. Anything short of that does more than just waste time and money – it expresses a complete disregard and indifference to the reality that is impending – mass evictions in the new year, mass evictions that will add additional violence to people already exposed, abused, ignored and disrespected by the government throughout this COVID-19 pandemic crisis.”

On Dec. 18, in response to Dinowitz’s criticism of their caroling protest, the NWBCCC issued a statement, saying, “Given this sacred time of year for all of our families, our action was a moral appeal to ensure everyone can remain safely in their homes.”

In the meantime, as reported by Norwood News, newly enacted legislation, introduced and debated by Dinowitz, has since been signed into law on Dec. 28, with the overarching goal of keeping people in their homes. Lawmakers at the New York State senate and assembly passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act on Dec. 28, and it was subsequently signed into law by the governor later that evening.  The main provisions are as follows:

 

• All ongoing eviction-related matters, residential foreclosure proceedings would be stayed (frozen) for 60 days. These proceedings could be further stayed until May 1, 2021 by submitting a standard hardship declaration form available to tenants, homeowners, and small landlords.
• It establishes a course of action for certain proceedings to continue where tenant may be causing a substantial safety hazard to others, which has been a significant source of contention with broader eviction moratorium proposals. Tenants would still be obligated to pay their debts and landlords can seek a money judgment through the civil courts even while the eviction stay is underway.
• It prohibits negative credit decisions to homeowners who receive a stay on a mortgage foreclosure, tax foreclosure, or tax lien sale, or if they are in arrears and file a hardship declaration.
• It extends the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption programs without requiring homeowners to actively recertify unless they may be entitled to a larger exemption, cutting red tape for some of our most vulnerable neighbors.

 

Additionally, with $1.3 billion in federal housing aid expected to arrive in the not too distant future, it is hoped the new stimulus may also address the ongoing need for financial support among those most in need of assistance.

 

Norwood News reached out for further comment to NWBCCC following the passage of the COVID-19 Emergency Eviction and Foreclosure Prevention Act to see if it addressed their needs. A representative responded, “No it doesn’t. This doesn’t include the millions of people who are, or will be in eviction proceedings, known as holdover cases. We believe any, and all evictions during the pandemic, are violent and unjust. Nothing the politicians have done protects everyone from displacement.”

 

The representative added, “The so called moratorium will not rid tenants of the debt they’ve accumulated since COVID hit. So, ultimately, while this bill is not everything we want, it will keep hundreds of thousands of tenants in their homes until May 1. It’s a testament to the power of tenants to organize and win in the face of deep opposition by many legislators and Governor Cuomo. We know this pandemic isn’t over and the impacts of it won’t be over come May 2021. This is why we are still fighting to cancel rent (including rent debt).”

 

*Síle Moloney contributed to this story.