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A08241 Summary:

BILL NOA08241
 
SAME ASSAME AS S07315
 
SPONSORNiou
 
COSPNSR
 
MLTSPNSR
 
Amd Part A 1, 4, 6 - 9 & 13, Part B Subpart A 2, 5, 7, 8 & 12, Part B Subpart B 2 - 4, Part B Subpart C 1 & 2, Part B Subpart D 2, Chap 381 of 2020; amd Part A 1, 2, 5, 7 - 9 & 13, Part B Subpart A 2, 5, 7, 8 & 12, Part B Subpart B 2 - 4, Part B Subpart C 1 & 2, Chap 73 of 2021
 
Extends the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" and the "COVID-19 Emergency Protect Our Small Businesses Act of 2021" until October 31, 2021.
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A08241 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8241
 
SPONSOR: Niou
  TITLE OF BILL: An act to amend the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, in relation to extending the effectiveness ther- eof; and to amend the COVID-19 Emergency Protect Our Small Businesses Act of 2021, in relation to extending the effectiveness thereof   PURPOSE: Extends the statutory limitations on eviction of residential and certain commercial tenants experiencing financial hardship, limitations on certain foreclosures and tax sales, and related provisions, which may otherwise expire after December 31st, 2021.   SUMMARY OF PROVISIONS: This bill extends various provisions of Chapter 381 of the Laws of 2020 and Chapter 73 of the Laws of 2021 until December 31st, 2021, including the following provisions: - Allow residential tenants to file a hardship declaration with their landlord or a court to prevent the filing of an eviction or to stay an eviction proceeding if they have faced financial or health related hard- ship - Allow mortgagors who own ten or fewer residents to file a hardship declaration with their lender or a court to prevent the filing of fore- closure action or stay any foreclosure action in progress - Allow residential property owners with ten or fewer dwellings to file a hardship declaration with the local government to prevent a tax lien sale or tax foreclosure - Allow commercial tenants who meet certain criteria to file a hardship declaration to prevent the filing of an eviction or stay an eviction proceeding - Allow mortgagors for commercial properties where the owner or mortga- gor owns ten or fewer units and meets certain criteria to file a hard- ship declaration with their mortgage lender, other foreclosing party, or the court to prevent the filing of a foreclosure action or stay any foreclosure action in progress - Allow commercial property owners who meet certain criteria to file a hardship declaration with any village, town, city, school district, county, or other entity or person that conducts tax foreclosures or tax lien sales, to stay such foreclosure or lien sale.   JUSTIFICATION: Since the beginning of the pandemic, New York State has correctly sought to protect tenants and landlords who have lost income or otherwise faced financial hardship as the result of COVID-19. In December 2020, the Legislature created the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 to provide broad protection to tenants from eviction and to landlords from foreclosure, or tax lien sale or foreclo- sure. This protection originally lasted until May 1st, but was extended until August 31st. This Spring, the legislature created the Emergency Rental Assistance Program to provide rent relief to eligible tenants who had lost income due to the pandemic. The program will provide up to twelve months of rental arrears and three months of prospective rental assistance to qualifying tenants delivered directly to their landlord. Unfortunately, the rollout of the program has been far from smooth. As of the end of July, only 55 people had received funds out of more than 160,000 appli- cants. This program was created to help New Yorkers stay in their homes. However, with the August 31st deadline looming, many families are worried they will not receive rental assistance in time and could be evicted. This bill would further extend the protections of the COVID-19 Emergency Eviction and Foreclosure Prevention Act until December 31st, 2021 to allow tenants and landlords to take full advantage of the Emergency Rental Assistance Program. Additionally, the bill will allow commercial tenants who also receive protection the opportunity to receive funds from federal and state assistance programs. The COVID-19 pandemic is not over. With the rise of the highly conta- gious delta variant, we must remain mindful of the public health crisis that a wave of evictions will cause. No family should ever have to face eviction, most especially in the middle of a global pandemic where shel- ters may put them at high risk of contracting the virus.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law
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A08241 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8241
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 25, 2021
                                       ___________
 
        Introduced  by  M. of A. NIOU -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT  to  amend  the  COVID-19  Emergency  Eviction  and  Foreclosure
          Prevention  Act  of  2020,  in relation to extending the effectiveness
          thereof; and to amend the COVID-19 Emergency Protect Our  Small  Busi-
          nesses Act of 2021, in relation to extending the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 1 of part A of chapter 381 of  the
     2  laws  of 2020 establishing the "COVID-19 Emergency Eviction and Foreclo-
     3  sure Prevention Act of 2020", as amended by chapter 104 of the  laws  of
     4  2021, is amended to read as follows:
     5    4. "Hardship declaration" means the following statement, or a substan-
     6  tially  equivalent  statement  in  the  tenant's  primary  language,  in
     7  14-point type, published by the office of court administration,  whether
     8  in physical or electronic written form:
     9    "NOTICE  TO  TENANT:  If  you  have lost income or had increased costs
    10  during the COVID-19 pandemic, or moving would pose a significant  health
    11  risk  for you or a member of your household due to an increased risk for
    12  severe illness or death from  COVID-19  due  to  an  underlying  medical
    13  condition,  and  you  sign and deliver this hardship declaration form to
    14  your landlord, you cannot be evicted until at least [August] October 31,
    15  2021 for nonpayment of rent or for holding over after the expiration  of
    16  your lease. You may still be evicted for violating your lease by persis-
    17  tently   and   unreasonably  engaging  in  behavior  that  substantially
    18  infringes on the use and enjoyment of  other  tenants  or  occupants  or
    19  causes a substantial safety hazard to others.
    20    If  your  landlord has provided you with this form, your landlord must
    21  also provide you with a mailing address and e-mail address to which  you
    22  can  return  this form. If your landlord has already started an eviction
    23  proceeding against you, you can return this form to  either  your  land-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11990-03-1

        A. 8241                             2
 
     1  lord,  the court, or both at any time. You should keep a copy or picture
     2  of the signed form for your records. You will still owe any unpaid  rent
     3  to  your  landlord.  You should also keep careful track of what you have
     4  paid and any amount you still owe.
     5    For  more  information  about legal resources that may be available to
     6  you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379  if  you
     7  live  in  New York City or go to www.nycourts.gov/evictions/outside-nyc/
     8  or call a local bar association or legal services provider if  you  live
     9  outside  of New York City. [Rent relief may be available to you, and you
    10  should contact your local housing assistance office]  Financial  assist-
    11  ance may be available to you, even if you have not qualified for assist-
    12  ance  in  the  past,  under  the  COVID-19  Emergency  Rental Assistance
    13  Program. You should contact your  local  housing  assistance  office  or
    14  visit  https://otda.ny.gov  on  the  internet  for information on how to
    15  apply.
 
    16        TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
    17  I am a tenant, lawful occupant, or other person responsible  for  paying
    18  rent, use and occupancy, or any other financial obligation under a lease
    19  or tenancy agreement at (address of dwelling unit).
    20  YOU  MUST  INDICATE BELOW YOUR QUALIFICATION FOR  EVICTION PROTECTION BY
    21  SELECTING OPTION "A" OR "B", OR BOTH.
 
    22  A. ( ) I am experiencing financial hardship, and I am unable to  pay  my
    23  rent  or  other  financial obligations under the lease in full or obtain
    24  alternative suitable permanent housing because of one  or  more  of  the
    25  following:
    26    1. Significant loss of household income during the COVID-19 pandemic.
    27    2.  Increase in necessary out-of-pocket expenses related to performing
    28  essential work or related to health impacts during the COVID-19  pandem-
    29  ic.
    30    3.  Childcare  responsibilities  or  responsibilities  to  care for an
    31  elderly, disabled, or sick family member during  the  COVID-19  pandemic
    32  have  negatively  affected  my  ability  or the ability of someone in my
    33  household to obtain meaningful employment or earn income or increased my
    34  necessary out-of-pocket expenses.
    35    4. Moving expenses and difficulty I have securing alternative  housing
    36  make  it  a  hardship for me to relocate to another residence during the
    37  COVID-19 pandemic.
    38    5. Other circumstances related to the COVID-19 pandemic have negative-
    39  ly affected my ability to obtain meaningful employment or earn income or
    40  have  significantly  reduced  my  household  income   or   significantly
    41  increased my expenses.
    42  To  the  extent  that  I  have  lost  household  income or had increased
    43  expenses,  any  public  assistance,  including  unemployment  insurance,
    44  pandemic unemployment assistance, disability insurance, [or] paid family
    45  leave,   or   rental  assistance  through  emergency  rental  assistance
    46  programs, that I have received since the start of the COVID-19  pandemic
    47  does  not  fully  make  up  for my loss of household income or increased
    48  expenses.
 
    49  B. ( ) Vacating the premises and moving into new permanent housing would
    50  pose a significant health risk because I or one or more  members  of  my
    51  household  have  an  increased  risk  for  severe  illness or death from
    52  COVID-19 due to being over the age of sixty-five, having a disability or

        A. 8241                             3
 
     1  having an underlying medical condition, which may  include  but  is  not
     2  limited to being immunocompromised.
 
     3  I  understand  that  I  must comply with all other lawful terms under my
     4  tenancy, lease agreement or similar contract. I further understand  that
     5  lawful  fees,  penalties or interest for not having paid rent in full or
     6  met other financial obligations as required by my tenancy, lease  agree-
     7  ment  or  similar  contract  may  still  be charged or collected and may
     8  result in a monetary judgment against me.  I further understand that  my
     9  landlord  may  be able to seek eviction after [August] October 31, 2021,
    10  and that the law may provide certain protections at that time  that  are
    11  separate from those available through this declaration.
 
    12  Signed:
    13  Printed name:
    14  Date signed:
 
    15  NOTICE:  You  are signing and submitting this form under penalty of law.
    16  That means it is against the law to make a statement on this  form  that
    17  you know is false."
    18    §  2. Sections 4, 6 and 7 of part A of chapter 381 of the laws of 2020
    19  establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
    20  Act of 2020", as amended by chapter 104 of the laws of 2021, are amended
    21  to read as follows:
    22    § 4. Prohibition on initiation of eviction proceeding.  If there is no
    23  pending eviction proceeding and a tenant provides a hardship declaration
    24  to the landlord or an agent of the landlord, there shall  be  no  initi-
    25  ation  of  an  eviction  proceeding  against  the  tenant until at least
    26  [August] October 31, 2021, and in such event any specific time limit for
    27  the commencement  of  an  eviction  proceeding  shall  be  tolled  until
    28  [August] October 31, 2021.
    29    §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
    30  eviction warrant has not been  issued,  including  eviction  proceedings
    31  filed  on  or  before  March  7, 2020, if the tenant provides a hardship
    32  declaration to the petitioner, the court, or an agent of the  petitioner
    33  or  the  court,  the  eviction proceeding shall be stayed until at least
    34  [August] October 31, 2021.  If such hardship declaration is provided  to
    35  the petitioner or agent, such petitioner or agent shall promptly file it
    36  with  the  court,  advising the court in writing the index number of all
    37  relevant cases.
    38    § 7. Default judgments.  No  court  shall  issue  a  judgment  in  any
    39  proceeding  authorizing  a  warrant of eviction against a respondent who
    40  has defaulted, or authorize the enforcement of an eviction pursuant to a
    41  default judgment, prior to [August]  October  31,  2021,  without  first
    42  holding  a  hearing  after the effective date of this act upon motion of
    43  the petitioner. The petitioner or an agent of the petitioner shall  file
    44  an affidavit attesting that the petitioner or the petitioner's agent has
    45  served  notice  of  the  date,  time,  and  place of such hearing on the
    46  respondent, including a copy of such notice. If a default  judgment  has
    47  been  awarded prior to the effective date of this act, the default judg-
    48  ment shall be removed and the matter restored to the court calendar upon
    49  the respondent's written or oral request to the court either  before  or
    50  during  such  hearing  and  an order to show cause to vacate the default
    51  judgment shall not be required.
    52    § 3. Subdivision a of section 8 of part A of chapter 381 of  the  laws
    53  of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure

        A. 8241                             4
 
     1  Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
     2  is amended to read as follows:
     3    a.  (i)  In  any  eviction proceeding in which an eviction warrant has
     4  been issued prior to the effective date of this act,  but  has  not  yet
     5  been  executed  as of the effective date of this act, including eviction
     6  proceedings filed on or before March 7, 2020, the court shall  stay  the
     7  execution  of  the  warrant  at  least until the court has held a status
     8  conference with the parties. (ii) In any  eviction  proceeding,  if  the
     9  tenant  provides a hardship declaration to the petitioner, the court, or
    10  an agent of the petitioner or the court, prior to the execution  of  the
    11  warrant,  the  execution shall be stayed until at least [August] October
    12  31, 2021. If such hardship declaration is provided to the petitioner  or
    13  agent of the petitioner, such petitioner or agent shall promptly file it
    14  with  the  court,  advising the court in writing the index number of all
    15  relevant cases.
    16    § 4. Subdivision 4 of section 9 of part A of chapter 381 of  the  laws
    17  of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure
    18  Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
    19  is amended to read as follows:
    20    4.  If  the petitioner fails to establish that the tenant persistently
    21  and unreasonably engaged in such behavior and the tenant provides or has
    22  provided a hardship declaration to the petitioner, petitioner's agent or
    23  the court, the  court  shall  stay  or  continue  to  stay  any  further
    24  proceedings until at least [August] October 31, 2021.
    25    §  5.  Section  13 of part A of chapter 381 of the laws of 2020 estab-
    26  lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act
    27  of  2020",  as amended by chapter 104 of the laws of 2021, is amended to
    28  read as follows:
    29    § 13. This act shall take effect immediately and  sections  one,  two,
    30  three,  four,  five, six, seven, eight, nine, ten and twelve of this act
    31  shall expire [August] October 31, 2021.
    32    § 6. Section 2 of subpart A of part B of chapter 381 of  the  laws  of
    33  2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
    34  Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
    35  is amended to read as follows:
    36    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    37  means  the  following statement, or a substantially equivalent statement
    38  in the mortagor's primary language, in 14-point type, published  by  the
    39  office  of court administration, whether in physical or electronic writ-
    40  ten form:
    41    "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
    42  during  the  COVID-19  pandemic,  and you sign and deliver this hardship
    43  declaration form to your mortgage lender or other foreclosing party, you
    44  cannot be foreclosed on until at least [August] October 31, 2021.
    45    If your mortgage lender or other foreclosing party provided  you  with
    46  this  form,  the  mortgage  lender  or other foreclosing party must also
    47  provide you with a mailing address and e-mail address to which  you  can
    48  return this form. If you are already in foreclosure proceedings, you may
    49  return  this form to the court. You should keep a copy or picture of the
    50  signed form for your records. You will still  owe  any  unpaid  mortgage
    51  payments  and  lawful  fees to your lender. You should also keep careful
    52  track of what you have paid and any amount you still owe.
    53             MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
    54    I am the mortgagor of the property  at  (address  of  dwelling  unit).
    55  Including  my  primary residence, I own, whether directly or indirectly,
    56  ten or fewer residential dwelling units.  I  am  experiencing  financial

        A. 8241                             5
 
     1  hardship,  and  I am unable to pay my mortgage in full because of one or
     2  more of the following:
     3    1. Significant loss of household income during the COVID-19 pandemic.
     4    2.  Increase in necessary out-of-pocket expenses related to performing
     5  essential work or related to health impacts during the COVID-19  pandem-
     6  ic.
     7    3.  Childcare  responsibilities  or  responsibilities  to  care for an
     8  elderly, disabled, or sick family member during  the  COVID-19  pandemic
     9  have  negatively  affected  my  ability  or the ability of someone in my
    10  household to obtain meaningful employment or earn income or increased my
    11  necessary out-of-pocket expenses.
    12    4. Moving expenses and difficulty I have securing alternative  housing
    13  make  it  a  hardship for me to relocate to another residence during the
    14  COVID-19 pandemic.
    15    5. Other circumstances related to the COVID-19 pandemic have negative-
    16  ly affected my ability to obtain meaningful employment or earn income or
    17  have  significantly  reduced  my  household  income   or   significantly
    18  increased my expenses.
    19    6.  One or more of my tenants has defaulted on a significant amount of
    20  their rent payments since March 1, 2020.
    21    To the extent I have lost household income or had increased  expenses,
    22  any  public assistance, including unemployment insurance, pandemic unem-
    23  ployment assistance, disability insurance, [or] paid  family  leave,  or
    24  rental  assistance  received  on  behalf  of  tentants through emergency
    25  rental assistance programs, that I have received since the start of  the
    26  COVID-19 pandemic does not fully make up for my loss of household income
    27  or increased expenses.
    28    I  understand  that I must comply with all other lawful terms under my
    29  mortgage agreement. I further understand that lawful fees, penalties  or
    30  interest for not having paid my mortgage in full as required by my mort-
    31  gage  agreement  may  still  be charged or collected and may result in a
    32  monetary judgment against me. I also understand that my mortgage  lender
    33  or other foreclosing party may pursue a foreclosure action against me on
    34  or  after  [August] October 31, 2021, if I do not fully repay any missed
    35  or partial payments and lawful fees.
    36  Signed:
    37  Printed Name:
    38  Date Signed:
    39  NOTICE: You are signing and submitting this form under penalty  of  law.
    40  That  means  it is against the law to make a statement on this form that
    41  you know is false."
    42    § 7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381  of
    43  the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
    44  closure  Prevention  Act of 2020", as amended by chapter 104 of the laws
    45  of 2021, are amended to read as follows:
    46    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    47  party or an agent of the foreclosing party, there shall be no initiation
    48  of an action to foreclose a mortgage  against  the  mortgagor  until  at
    49  least  [August]  October  31,  2021, and in such event any specific time
    50  limit for the commencement of an action to foreclose a mortgage shall be
    51  tolled until [August] October 31, 2021.
    52    § 7. In any action to foreclose a mortgage in which a judgment of sale
    53  has not been issued, including actions filed on or before March 7, 2020,
    54  if the mortgagor provides a  hardship  declaration  to  the  foreclosing
    55  party, the court, or an agent of the foreclosing party or the court, the
    56  proceeding  shall be stayed until at least [August] October 31, 2021. If

        A. 8241                             6
 
     1  such hardship declaration is provided to the foreclosing party or  agent
     2  of the foreclosing party, such foreclosing party or agent shall promptly
     3  file  it  with the court, advising the court in writing the index number
     4  of all relevant cases.
     5    § 8. In any action to foreclose a mortgage in which a judgment of sale
     6  has  been issued prior to the effective date of this act but has not yet
     7  been executed as of the effective date of this  act,  including  actions
     8  filed  on or before March 7, 2020, the court shall stay the execution of
     9  the judgment at least until the court has held a status conference  with
    10  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
    11  provides a hardship declaration to the foreclosing party, the court,  or
    12  an  agent  of the foreclosing party or the court, prior to the execution
    13  of the judgment, the execution shall be stayed until at  least  [August]
    14  October 31, 2021.  If such hardship declaration is provided to the fore-
    15  closing  party or agent of the foreclosing party, such foreclosing party
    16  or agent shall promptly file it with the court, advising  the  court  in
    17  writing the index number of all relevant cases.
    18    §  12.  This  act shall take effect immediately and sections one, two,
    19  three, four, five, six, seven, eight, nine and eleven of this act  shall
    20  expire [August] October 31, 2021.
    21    §  8. Subdivision 3 of section 2 of subpart B of part B of chapter 381
    22  of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
    23  Foreclosure  Prevention  Act  of 2020", as amended by chapter 104 of the
    24  laws of 2021, is amended to read as follows:
    25    3. "Hardship Declaration" means the following statement, or a substan-
    26  tially equivalent statement in the owner's primary language, in 14-point
    27  type, whether in physical or electronic written form:
    28    "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    29    I am the owner of the property at (address).    Including  my  primary
    30  residence,  I own, whether directly or indirectly, ten or fewer residen-
    31  tial dwelling units.  I am experiencing financial  hardship,  and  I  am
    32  unable to pay my full tax bill because of one or more of the following:
    33    1. Significant loss of household income during the COVID-19 pandemic.
    34    2.  Increase in necessary out-of-pocket expenses related to performing
    35  essential work or related to health impacts during the COVID-19  pandem-
    36  ic.
    37    3.  Childcare  responsibilities  or  responsibilities  to  care for an
    38  elderly, disabled, or sick family member during  the  COVID-19  pandemic
    39  have  negatively  affected  my  ability  or the ability of someone in my
    40  household to obtain meaningful employment or earn income or increased my
    41  necessary out-of-pocket expenses.
    42    4. Moving expenses and difficulty I have securing alternative  housing
    43  make  it  a  hardship for me to relocate to another residence during the
    44  COVID-19 pandemic.
    45    5. Other circumstances related to the COVID-19 pandemic have negative-
    46  ly affected my ability to obtain meaningful employment or earn income or
    47  have  significantly  reduced  my  household  income   or   significantly
    48  increased my expenses.
    49    6.  One or more of my tenants has defaulted on a significant amount of
    50  their rent payments since March 1, 2020.
    51    To the extent that I have  lost  household  income  or  had  increased
    52  expenses,  any  public  assistance,  including  unemployment  insurance,
    53  pandemic unemployment assistance, disability insurance, [or] paid family
    54  leave, or rental assistance received on behalf of tenants through  emer-
    55  gency  rental  assistance programs, that I have received since the start

        A. 8241                             7
 
     1  of the COVID-19 pandemic does not fully make up for my loss of household
     2  income or increased expenses.
     3    I  understand  that  lawful fees, penalties or interest for not having
     4  paid my taxes in full may still be charged or collected and  may  result
     5  in  a  foreclosure  action  against  me on or after [August] October 31,
     6  2021, if I do not fully repay any missed or partial payments and fees.
     7  Signed:
     8  Printed Name:
     9  Date Signed:
    10  NOTICE: You are signing and submitting this form under penalty  of  law.
    11  That  means  it is against the law to make a statement on this form that
    12  you know is false."
    13    § 9. Subdivision 3 of section 3 of subpart B of part B of chapter  381
    14  of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
    15  Foreclosure Prevention Act of 2020", as amended by chapter  104  of  the
    16  laws of 2021, is amended to read as follows:
    17    3.  The  submission  of  such  a  declaration, unless withdrawn by the
    18  owner, shall act as a temporary stay  applicable  to  all  entities  and
    19  persons  of  all  such  tax  lien  sales and tax foreclosure actions and
    20  proceedings  against  such  owner  for  such  property  that  have  been
    21  commenced or could have been commenced before [August] October 31, 2021.
    22    §  10.  Section 4 of subpart B of part B of chapter 381 of the laws of
    23  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    24  Prevention  Act of 2020", as amended by chapter 104 of the laws of 2021,
    25  is amended to read as follows:
    26    § 4. This act shall take effect immediately and sections one  and  two
    27  and  subdivisions  one, two, three, four and five of section three shall
    28  expire [August] October 31, 2021.
    29    § 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
    30  of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
    31  Foreclosure  Prevention  Act  of 2020", as amended by chapter 104 of the
    32  laws of 2021, is amended to read as follows:
    33    2. Hardship declaration. For purposes of this act, "hardship  declara-
    34  tion"  shall mean the following statement, or a substantially equivalent
    35  statement in the owner or  mortgagor's  primary  language,  in  14-point
    36  type, whether in physical or electronic written form, and the department
    37  of  financial  services shall publish a copy of the hardship declaration
    38  on its website:
    39    "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
    40  costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
    41  ship declaration  form  to  your  lending  institution,  you  cannot  be
    42  discriminated  against  in the determination of whether credit should be
    43  extended or reported negatively to a credit reporting  agency  until  at
    44  least [August] October 31, 2021.
    45    If  a  lending  institution  provided  you with this form, the lending
    46  institution must also provide you with  a  mailing  address  and  e-mail
    47  address  to  which  you  can return this form. You should keep a copy or
    48  picture of the signed form for your records.
    49    OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    50    I am the OWNER/MORTGAGOR of  the  property  at  (address  of  dwelling
    51  unit).  Including my primary residence, I own, whether directly or indi-
    52  rectly,  ten  or  fewer  residential dwelling units.   I am experiencing
    53  financial hardship, and I am unable to pay my mortgage in  full  because
    54  of one or more of the following:
    55    1. Significant loss of household income during the COVID-19 pandemic.

        A. 8241                             8
 
     1    2.  Increase in necessary out-of-pocket expenses related to performing
     2  essential work or related to health impacts during the COVID-19  pandem-
     3  ic.
     4    3.  Childcare  responsibilities  or  responsibilities  to  care for an
     5  elderly, disabled, or sick family member during  the  COVID-19  pandemic
     6  have  negatively  affected  my  ability  or the ability of someone in my
     7  household to obtain meaningful employment or earn income or increased my
     8  necessary out-of-pocket expenses.
     9    4. Moving expenses and difficulty I have securing alternative  housing
    10  make  it  a  hardship for me to relocate to another residence during the
    11  COVID-19 pandemic.
    12    5. Other circumstances related to the COVID-19 pandemic have negative-
    13  ly affected my ability to obtain meaningful employment or earn income or
    14  have  significantly  reduced  my  household  income   or   significantly
    15  increased my expenses.
    16    6.  One or more of my tenants has defaulted on a significant amount of
    17  their rent payments since March 1, 2020.
    18    To the extent that I have  lost  household  income  or  had  increased
    19  expenses,  any  public  assistance,  including  unemployment  insurance,
    20  pandemic unemployment assistance, disability insurance, [or] paid family
    21  leave, or rental assistance received on behalf of tenants through  emer-
    22  gency  rental  assistance programs, that I have received since the start
    23  of the COVID-19 pandemic does not fully make up for my loss of household
    24  income or increased expenses.
    25  Signed:
    26  Printed Name:
    27  Date Signed:
    28  NOTICE: You are signing and submitting this form under penalty  of  law.
    29  That  means  it is against the law to make a statement on this form that
    30  you know is false."
    31    § 12. Section 2 of subpart C of part B of chapter 381 of the  laws  of
    32  2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
    33  Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
    34  is amended to read as follows:
    35    §  2. This act take effect immediately and shall expire [August] Octo-
    36  ber 31, 2021.
    37    § 13. Section 2 of subpart D of part B of chapter 381 of the  laws  of
    38  2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
    39  Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
    40  is amended to read as follows:
    41    §  2. This act shall take effect immediately and shall expire [August]
    42  October 31, 2021. This act shall be deemed to have been  in  full  force
    43  and effect on and after March 7, 2020.
    44    §  14.  Subdivision 4 of section 1 of part A of chapter 73 of the laws
    45  of 2021 establishing  the  "COVID-19 Emergency Protect Our  Small  Busi-
    46  nesses  Act  of  2021", as separately amended by chapters 104 and 154 of
    47  the laws of 2021, is amended to read as follows:
    48    4. "Hardship declaration" means the following statement, or a substan-
    49  tially equivalent statement in the  language  in  which  the  commercial
    50  lease  or tenancy agreement was written or negotiated, in 14-point type,
    51  published by the office of court administration, whether in physical  or
    52  electronic written form:
    53    "NOTICE TO COMMERCIAL TENANT:  If you have lost significant revenue or
    54  had  significantly increased necessary costs during the COVID-19 pandem-
    55  ic, and you sign and deliver this  hardship  declaration  form  to  your
    56  landlord, you cannot be evicted until at least [August] October 31, 2021

        A. 8241                             9
 
     1  for  nonpayment of rent or for holding over after the expiration of your
     2  lease. You may still be evicted for violating your lease by persistently
     3  and unreasonably engaging in behavior that  substantially  infringes  on
     4  the use and enjoyment of other tenants or occupants or causes a substan-
     5  tial safety hazard to others.
     6    If  your  landlord has provided you with this form, your landlord must
     7  also provide you with a mailing address and e-mail address to which  you
     8  can  return  this form. If your landlord has already started an eviction
     9  proceeding against you, you can return this form to  either  your  land-
    10  lord,  the court, or both at any time. You should keep a copy or picture
    11  of the signed form for your records. You will still owe any unpaid  rent
    12  to your landlord.  To the extent you can pay less than the full rent, it
    13  is  recommended  you  do so and keep careful track of what you have paid
    14  and any amount you still owe.
 
    15           COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
    16                              COVID-19 PANDEMIC
 
    17  I am the owner, chief executive officer, president, or  similar  officer
    18  of  (name  of  business), in which is a commercial tenant at (address of
    19  commercial unit).  My business is resident in New York State,  independ-
    20  ently  owned and operated, not dominant in its field, and either employs
    21  one hundred or fewer persons, or, the commercial business was closed  to
    22  in-person  operations  by executive order or department of health direc-
    23  tive for two or more weeks between May 15, 2020 and  May  1,  2021,  and
    24  employs  five  hundred  or  fewer persons.   My business is experiencing
    25  financial hardship, and is unable to pay  the  rent  in  full  or  other
    26  financial  obligations  under the lease in full or obtain an alternative
    27  suitable commercial property because of one or more of the following:
    28    1. Significant loss of revenue during the COVID-19 pandemic.
    29    2. Significant increase in necessary  expenses  related  to  providing
    30  personal  protective equipment to employees or purchasing and installing
    31  other protective equipment to prevent the transmission of COVID-19 with-
    32  in the business.
    33    3. Moving expenses and difficulty in securing an  alternative  commer-
    34  cial property make it a hardship for the business to relocate to another
    35  location during the COVID-19 pandemic.
    36    To the extent the business has lost revenue or had increased expenses,
    37  any  public  assistance the business has received since the start of the
    38  COVID-19 pandemic must not fully make up  for  the  business's  loss  of
    39  revenue  or  increased expenses, and the business still meets the afore-
    40  mentioned eligibility criteria to qualify for a financial hardship.
 
    41  I understand that the business must comply with all other  lawful  terms
    42  under  its  commercial  tenancy,  lease agreement or similar contract. I
    43  further understand that lawful  fees,  penalties  or  interest  for  not
    44  having  paid rent in full or met other financial obligations as required
    45  by the commercial tenancy, lease agreement or similar contract may still
    46  be charged or collected and may  result  in  a  monetary  judgment.    I
    47  further  understand that the landlord may be able to seek eviction after
    48  [August] October  31,  2021,  and  that  the  law  may  provide  certain
    49  protections  at that time that are separate from those available through
    50  this declaration.
 
    51  Signed:
    52  Printed name:

        A. 8241                            10
 
     1  Date signed:
 
     2  NOTICE:  You  are signing and submitting this form under penalty of law.
     3  That means it is against the law to make a statement on this  form  that
     4  you know is false."
     5    §  15.    Section 2 of part A of chapter 73 of the laws of 2021 estab-
     6  lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
     7  2021", as amended by chapter 104 of the laws of 2021, is amended to read
     8  as follows:
     9    §  2.  No commercial tenant shall be removed from the possession prior
    10  to [August] October 31, 2021, except by an eviction proceeding.
    11    § 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
    12  ing the "COVID-19 Emergency Protect Our Small Businesses Act  of  2021",
    13  as  amended  by  chapter  104 of the laws of 2021, is amended to read as
    14  follows:
    15    § 5. Prohibition on initiation of eviction proceeding.  If there is no
    16  pending eviction proceeding and a tenant provides a hardship declaration
    17  to the landlord or an agent of the landlord, there shall  be  no  initi-
    18  ation  of  an  eviction  proceeding  against  the  tenant until at least
    19  [August] October 31, 2021, and in such event any specific time limit for
    20  the commencement  of  an  eviction  proceeding  shall  be  tolled  until
    21  [August] October 31, 2021.
    22    § 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
    23  ing  the  "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
    24  as amended by chapter 104 of the laws of 2021, is  amended  to  read  as
    25  follows:
    26    §  7.  Pending  proceedings.  In  any  eviction proceeding in which an
    27  eviction warrant or judgment of possession or  ejectment  has  not  been
    28  issued, including eviction proceedings filed on or before March 7, 2020,
    29  if  the  tenant  provides  a  hardship  declaration to the petitioner or
    30  plaintiff, the court, or an agent of the petitioner or plaintiff or  the
    31  court,  the  eviction proceeding shall be stayed until at least [August]
    32  October 31, 2021. If such hardship declaration is provided to the  peti-
    33  tioner  or  plaintiff  or  agent,  such petitioner or plaintiff or agent
    34  shall promptly file it with the court, advising the court in writing the
    35  index number of all relevant cases.
    36    § 18. Paragraph (ii) of subdivision a of section 8 of part A of  chap-
    37  ter  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect
    38  Our Small Businesses Act of 2021", as amended by chapter 104 of the laws
    39  of 2021, is amended to read as follows:
    40    (ii) In any eviction proceeding, if the  tenant  provides  a  hardship
    41  declaration  to  the  petitioner or plaintiff, the court, or an agent of
    42  the petitioner or plaintiff or the court, prior to the execution of  the
    43  warrant  or  judgment,  the  execution  shall  be  stayed until at least
    44  [August] October 31, 2021.  If such hardship declaration is provided  to
    45  the  petitioner  or  plaintiff  or agent of the petitioner or plaintiff,
    46  such petitioner or plaintiff or agent shall promptly file  it  with  the
    47  court,  advising  the  court in writing the index number of all relevant
    48  cases.
    49    § 19. Subdivision 4 of section 9 of part A of chapter 73 of  the  laws
    50  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small Busi-
    51  nesses Act of 2021", as amended by chapter 104 of the laws of  2021,  is
    52  amended to read as follows:
    53    4.  If  the petitioner or plaintiff fails to establish that the tenant
    54  persistently and unreasonably engaged in such behavior  and  the  tenant
    55  provides  or  has  provided  a  hardship  declaration to the petitioner,

        A. 8241                            11
 
     1  petitioner's or plaintiff's agent or the court, the court shall stay  or
     2  continue to stay any further proceedings until at least [August] October
     3  31, 2021.
     4    §  20.  Section  13 of part A of chapter 73 of the laws of 2021 estab-
     5  lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
     6  2021", as amended by chapter 104 of the laws of 2021, is amended to read
     7  as follows:
     8    §  13.  This  act shall take effect immediately and sections one, two,
     9  three, four, five, six, seven, eight, nine, ten and twelve of  this  act
    10  shall expire [August] October 31, 2021.
    11    §  21.  Section 2 of subpart A  of part B of chapter 73 of the laws of
    12  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    13  Act  of 2021", as separately amended by chapters 104 and 154 of the laws
    14  of 2021, is amended to read as follows:
    15    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    16  means the following statement in 14-point type, published by the  office
    17  of court administration, whether in physical or electronic written form:
    18    "NOTICE  TO COMMERCIAL MORTGAGOR: If you have lost significant revenue
    19  or had significantly  increased  necessary  costs  during  the  COVID-19
    20  pandemic,  and  you  sign  and deliver this hardship declaration form to
    21  your mortgage lender or other foreclosing party,  you  cannot  be  fore-
    22  closed on until at least [August] October 31, 2021.
    23    If  your  mortgage lender or other foreclosing party provided you with
    24  this form, the mortgage lender or  other  foreclosing  party  must  also
    25  provide  you  with a mailing address and e-mail address to which you can
    26  return this form. If you are already in foreclosure proceedings, you may
    27  return this form to the court. You should keep a copy or picture of  the
    28  signed  form  for  your  records. You will still owe any unpaid mortgage
    29  payments and lawful fees to your lender. You should  also  keep  careful
    30  track of what you have paid and any amount you still owe.
    31        COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
    32    I am the owner, chief executive officer, president, or similar officer
    33  of  (name  of  the  business), which is the mortgagor of the property at
    34  (address of commercial unit).   My business owns,  whether  directly  or
    35  indirectly,  ten  or fewer commercial units.  My business is resident in
    36  New York State, independently owned and operated, not  dominant  in  its
    37  field,  and either employs one hundred or fewer persons, or, the commer-
    38  cial business was closed to in-person operations by executive  order  or
    39  department  of  health  directive  for two or more weeks between May 15,
    40  2020, and May 1, 2021, and employs five hundred  or  fewer  persons.  My
    41  business  is  experiencing  financial  hardship and is unable to pay the
    42  mortgage in full because of one or more of the following:
    43    1. Significant loss of revenue during the COVID-19 pandemic.
    44    2. Significant increase in necessary  expenses  related  to  providing
    45  personal  protective equipment to employees or purchasing and installing
    46  other protective equipment to prevent the transmission of COVID-19 with-
    47  in the business.
    48    3. Moving expenses and difficulty in securing an  alternative  commer-
    49  cial property make it a hardship for the business to relocate to another
    50  property during the COVID-19 pandemic.
    51    4.  One  or  more of the business's tenants has defaulted on a signif-
    52  icant amount of their rent payments since March 1, 2020.
    53    To the extent that the business has  lost  revenue  or  had  increased
    54  expenses,  any  public  assistance  the  business has received since the
    55  start of the COVID-19 pandemic does not fully make up for the business's
    56  loss of revenue or increased expenses.

        A. 8241                            12
 
     1    I understand that the business must comply with all other lawful terms
     2  under my commercial mortgage agreement. I further understand that lawful
     3  fees, penalties or interest for not having paid the mortgage in full  as
     4  required  by  the  commercial mortgage agreement may still be charged or
     5  collected and may result in a monetary judgment.  I also understand that
     6  the  mortgage lender or other foreclosing party may pursue a foreclosure
     7  action against the business on or after [August] October 31, 2021, if  I
     8  do not fully repay any missed or partial payments and lawful fees.
     9  Signed:
    10  Printed Name:
    11  Date Signed:
    12  NOTICE:  You  are signing and submitting this form under penalty of law.
    13  That means it is against the law to make a statement on this  form  that
    14  you know is false."
    15    §  22.  Section 5 of subpart A  of part B of chapter 73 of the laws of
    16  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    17  Act  of 2021", as amended by chapter 104 of the laws of 2021, is amended
    18  to read as follows:
    19    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    20  party or an agent of the foreclosing party, there shall be no initiation
    21  of an action to foreclose a mortgage  against  the  mortgagor  until  at
    22  least  [August]  October  31,  2021, and in such event any specific time
    23  limit for the commencement of an action to foreclose a mortgage shall be
    24  tolled until [August] October 31, 2021.
    25    § 23. Sections 7 and 8 of subpart A  of part B of chapter  73  of  the
    26  laws  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small
    27  Businesses Act of 2021", as amended by chapter 104 of the laws of  2021,
    28  are amended to read as follows:
    29    § 7. In any action to foreclose a mortgage in which a judgment of sale
    30  has not been issued, including actions filed on or before March 7, 2020,
    31  if  the  mortgagor  provides  a  hardship declaration to the foreclosing
    32  party, the court, or an agent of the foreclosing party or the court, the
    33  proceeding shall be stayed until at least [August] October 31, 2021.  If
    34  such  hardship declaration is provided to the foreclosing party or agent
    35  of the foreclosing party, such foreclosing party or agent shall promptly
    36  file it with the court, advising the court in writing the  index  number
    37  of all relevant cases.
    38    § 8. In any action to foreclose a mortgage in which a judgment of sale
    39  has  been issued prior to the effective date of this act but has not yet
    40  been executed as of the effective date of this  act,  including  actions
    41  filed  on or before March 7, 2020, the court shall stay the execution of
    42  the judgment at least until the court has held a status conference  with
    43  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
    44  provides a hardship declaration to the foreclosing party, the court,  or
    45  an  agent  of the foreclosing party or the court, prior to the execution
    46  of the judgment, the execution shall be stayed until at  least  [August]
    47  October 31, 2021.  If such hardship declaration is provided to the fore-
    48  closing  party or agent of the foreclosing party, such foreclosing party
    49  or agent shall promptly file it with the court, advising  the  court  in
    50  writing the index number of all relevant cases.
    51    §  24.  Section 12 of subpart A of part B of chapter 73 of the laws of
    52  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    53  Act  of 2021", as amended by chapter 104 of the laws of 2021, is amended
    54  to read as follows:

        A. 8241                            13
 
     1    § 12. This act shall take effect immediately and  sections  one,  two,
     2  three,  four, five, six, seven, eight, nine and eleven of this act shall
     3  expire [August] October 31, 2021.
     4    §  25.   Subdivision 3 of section 2 of subpart B  of part B of chapter
     5  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect  Our
     6  Small Businesses Act of 2021", as separately amended by chapters 104 and
     7  154 of the laws of 2021, is amended to read as follows:
     8    3.  "Hardship  Declaration"  means the following statement in 14-point
     9  type, whether in physical or electronic written form:
    10         "COMMERCIAL OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    11    I am the owner, chief executive officer, president, or similar officer
    12  of (name of the business), which is the owner of the commercial property
    13  at (address).  My business owns, whether directly or indirectly, ten  or
    14  fewer  commercial  units.    My  business is resident in New York State,
    15  independently owned and operated, not dominant in its field, and  either
    16  employs  one  hundred  or fewer persons, or, the commercial business was
    17  closed to in-person operations  by  executive  order  or  department  of
    18  health  directive  for two or more weeks between May 15, 2020 and May 1,
    19  2021, and employs five hundred or fewer persons. My business is  experi-
    20  encing  financial  hardship,  and  is  unable  to  pay its full tax bill
    21  because of one or more of the following:
    22    1. Significant loss of revenue during the COVID-19 pandemic.
    23    2. Significant increase in necessary  expenses  related  to  providing
    24  personal  protective equipment to employees or purchasing and installing
    25  other protective equipment to prevent the transmission of COVID-19 with-
    26  in the business.
    27    3. Moving expenses and difficulty in securing an  alternative  commer-
    28  cial property make it a hardship for the business to relocate to another
    29  property during the COVID-19 pandemic.
    30    4.  One  or  more of the business's tenants has defaulted on a signif-
    31  icant amount of their rent payments since March 1, 2020.
    32    To the extent that the business has  lost  revenue  or  had  increased
    33  expenses, any public assistance that the business has received since the
    34  start  of  the  COVID-19 pandemic must not fully make up for the loss of
    35  revenue or increased expenses, and the business still meets  the  afore-
    36  mentioned eligibility criteria to qualify for a financial hardship.
    37    I  understand  that  lawful fees, penalties or interest for not having
    38  paid the business's taxes in full may still be charged or collected  and
    39  may  result  in  a  foreclosure  action against the business on or after
    40  [August] October 31, 2021, if the business  does  not  fully  repay  any
    41  missed or partial payments and fees.
    42  Signed:
    43  Printed Name:
    44  Date Signed:
    45  NOTICE:  You  are signing and submitting this form under penalty of law.
    46  That means it is against the law to make a statement on this  form  that
    47  you know is false."
    48    §  26.   Subdivision 3 of section 3 of subpart B  of part B of chapter
    49  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect  Our
    50  Small  Businesses Act of 2021", as amended by chapter 104 of the laws of
    51  2021, is amended to read as follows:
    52    3. The submission of such  a  declaration,  unless  withdrawn  by  the
    53  owner,  shall  act  as  a  temporary stay applicable to all entities and
    54  persons of all such tax lien  sales  and  tax  foreclosure  actions  and
    55  proceedings  against  such  owner  for  such  property  that  have  been
    56  commenced or could have been commenced before [August] October 31, 2021.

        A. 8241                            14

     1    § 27. Section 4 of subpart B  of part B of chapter 73 of the  laws  of
     2  2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
     3  Act of 2021", as amended by chapter 104 of the laws of 2021, is  amended
     4  to read as follows:
     5    §  4.  This act shall take effect immediately and sections one and two
     6  and subdivisions one, two, three, four and five of section  three  shall
     7  expire [August] October 31, 2021.
     8    §  28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
     9  of the laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our
    10  Small Businesses Act of 2021", as separately amended by chapters 104 and
    11  154 of the laws of 2021, is amended to read as follows:
    12    2.  Hardship declaration. For purposes of this act, "hardship declara-
    13  tion" shall mean the following statement in 14-point  type,  whether  in
    14  physical  or  electronic  written  form, and the department of financial
    15  services shall publish  a  copy  of  the  hardship  declaration  on  its
    16  website:
    17    "NOTICE  TO  COMMERCIAL  OWNER/MORTGAGOR: If you have lost significant
    18  revenue or had  significantly  increased  necessary  costs  due  to  the
    19  COVID-19  pandemic,  and  you sign and deliver this hardship declaration
    20  form to your lending institution, you cannot be discriminated against in
    21  the determination of whether credit should be extended or reported nega-
    22  tively to a credit reporting agency until at least [August] October  31,
    23  2021.
    24    If  a  lending  institution  provided  you with this form, the lending
    25  institution must also provide you with  a  mailing  address  and  e-mail
    26  address  to  which  you  can return this form. You should keep a copy or
    27  picture of the signed form for your records.
    28    COMMERCIAL OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    29    I am the owner, chief executive officer, president, or similar officer
    30  of (name of the business), which is the OWNER/MORTGAGOR of the  property
    31  at  (address of commercial unit).  My business owns, whether directly or
    32  indirectly, ten or fewer commercial units.  My business is  resident  in
    33  New  York  State,  independently owned and operated, not dominant in its
    34  field, and either employs one hundred or fewer persons, or, the  commer-
    35  cial  business  was closed to in-person operations by executive order or
    36  department of health directive for two or more  weeks  between  May  15,
    37  2020  and  May  1,  2021,  and employs five hundred or fewer persons. My
    38  business is experiencing financial hardship, and is unable  to  pay  the
    39  mortgage in full because of one or more of the following:
    40    1. Significant loss of revenue during the COVID-19 pandemic.
    41    2. Significant increase in necessary out-of-pocket expenses related to
    42  providing  personal  protective equipment to employees or purchasing and
    43  installing other protective equipment to  prevent  the  transmission  of
    44  COVID-19 within the business.
    45    3.  Moving  expenses and difficulty in securing an alternative commer-
    46  cial property make it a hardship for the business to relocate to another
    47  commercial property during the COVID-19 pandemic.
    48    4. One or more of my tenants has defaulted on a significant amount  of
    49  their rent payments since March 1, 2020.
    50    To  the  extent  that  the  business has lost revenue or had increased
    51  expenses, any public assistance that the business has received since the
    52  start of the COVID-19 pandemic must not fully make up for  the  loss  of
    53  revenue  or  increased expenses, and the business still meets the afore-
    54  mentioned eligibility criteria to qualify for a financial hardship.
    55  Signed:
    56  Printed Name:

        A. 8241                            15
 
     1  Date Signed:
     2  NOTICE:  You  are signing and submitting this form under penalty of law.
     3  That means it is against the law to make a statement on this  form  that
     4  you know is false."
     5    §  29.  Section  2 of subpart C of part B of chapter 73 of the laws of
     6  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
     7  Act  of 2021", as amended by chapter 104 of the laws of 2021, is amended
     8  to read as follows:
     9    § 2. This act shall take effect immediately and shall expire  [August]
    10  October 31, 2021.
    11    §  30.  This  act shall take effect immediately and shall be deemed to
    12  have been in full force and effect on August 31, 2021; provided,  howev-
    13  er,  that  the amendments to parts A and B of chapter 381 of the laws of
    14  2020 made by sections one, two, three, four, six, seven, eight, nine and
    15  eleven of this act shall not affect the expiration  of  such  parts  and
    16  shall  be  deemed  repealed  therewith;  and  provided further, that the
    17  amendments to parts A and B of chapter 73 of the laws of  2021  made  by
    18  sections  fourteen,  fifteen,  sixteen,  seventeen,  eighteen, nineteen,
    19  twenty-one, twenty-two, twenty-three, twenty-five and twenty-six of this
    20  act shall not affect the expiration of such parts and shall be deemed to
    21  expire therewith.
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