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S07335 Summary:

BILL NOS07335
 
SAME ASSAME AS A08240
 
SPONSORHOYLMAN
 
COSPNSR
 
MLTSPNSR
 
Amd 1 & 2, Chap 127 of 2020
 
Extends the prohibition on the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered period through January 31, 2022; relates to factors to be considered by the court in determining whether a residential tenant or lawful occupant of rental property suffered a financial hardship during the COVID-19 covered period.
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S07335 Memo:

Memo not available
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S07335 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7335
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     August 18, 2021
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT in relation to extending the prohibition on the eviction of resi-
          dential tenants  who  have  suffered  financial  hardship  during  the
          COVID-19 covered period

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1 of chapter 127 of the laws of 2020,  relating  to
     2  prohibiting the eviction of residential tenants who have suffered finan-
     3  cial  hardship during the COVID-19 covered period, is amended to read as
     4  follows:
     5    Section 1. For the purposes of this  act,  "COVID-19  covered  period"
     6  means March 7, 2020 until [the date on which none of the provisions that
     7  closed or otherwise restricted public or private businesses or places of
     8  public  accommodation,  or  required postponement or cancellation of all
     9  non-essential gatherings of individuals of any size for  any  reason  in
    10  Executive  Orders  202.3,  202.4,  202.5,  202.6,  202.7, 202.8, 202.10,
    11  202.11, 202.13 or 202.14, as extended by  Executive  Orders  202.28  and
    12  202.31  and as further extended by any future Executive Order, issued in
    13  response to the COVID-19 pandemic continue to apply in the county of the
    14  tenant's or lawful occupant's residence] January 31, 2022.
    15    § 2. Paragraph (b) of subdivision 2 of section 2 of chapter 127 of the
    16  laws of 2020,  relating  to  prohibiting  the  eviction  of  residential
    17  tenants who have suffered financial hardship during the COVID-19 covered
    18  period, is amended to read as follows:
    19    (b)  In  determining  whether  a  tenant or lawful occupant suffered a
    20  financial hardship during the COVID-19 covered period, the  court  shall
    21  consider, among other relevant factors:
    22    (i)  the  tenant's  or  lawful occupant's income prior to the COVID-19
    23  covered period;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13048-03-1

        S. 7335                             2
 
     1    (ii) the tenant's or lawful  occupant's  income  during  the  COVID-19
     2  covered period;
     3    (iii) the tenant's or lawful occupant's liquid assets; [and]
     4    (iv)  the tenant's or lawful occupant's eligibility for and receipt of
     5  cash assistance, supplemental nutrition assistance program, supplemental
     6  security income, the New York State disability program, the home  energy
     7  assistance  program, [or] unemployment insurance or benefits under state
     8  or federal law, or the emergency rental assistance program;
     9    (v) whether the tenant or lawful occupant  has  submitted  a  hardship
    10  declaration, as defined in part A of chapter three hundred eighty-one of
    11  the  laws  of  two thousand twenty, in which the tenant has selected the
    12  option indicating a financial hardship to the landlord, an agent of  the
    13  landlord, or the court. If the tenant or lawful occupant has submitted a
    14  hardship  declaration  indicating  a financial hardship, such submission
    15  shall create a rebuttable presumption that the tenant or lawful occupant
    16  suffered a  financial  hardship  during  the  COVID-19  covered  period;
    17  provided  that  the absence of a hardship declaration shall not create a
    18  presumption that the tenant or lawful occupant did not suffer  a  finan-
    19  cial hardship.
    20    §  3.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after March 7, 2020.
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