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A07175 Summary:

BILL NOA07175A
 
SAME ASSAME AS S06362-A
 
SPONSORDinowitz
 
COSPNSREpstein, Rosenthal L, Otis, Barron, Seawright, Cymbrowitz, Burdick, Mamdani, Simon
 
MLTSPNSR
 
Amd Chap 381 of 2020, generally; amd Chap 73 of 2021, generally
 
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 August 31, 2021.
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A07175 Actions:

BILL NOA07175A
 
04/23/2021referred to judiciary
04/27/2021reported referred to rules
04/27/2021reported
04/27/2021rules report cal.64
04/27/2021ordered to third reading rules cal.64
04/28/2021amended on third reading 7175a
05/03/2021substituted by s6362a
 S06362 AMEND=A KAVANAGH
 04/23/2021REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
 04/27/2021REPORTED AND COMMITTED TO RULES
 04/27/2021ORDERED TO THIRD READING CAL.796
 04/28/2021AMENDED ON THIRD READING 6362A
 05/03/2021PASSED SENATE
 05/03/2021DELIVERED TO ASSEMBLY
 05/03/2021referred to judiciary
 05/03/2021substituted for a7175a
 05/03/2021ordered to third reading rules cal.64
 05/03/2021passed assembly
 05/03/2021returned to senate
 05/03/2021DELIVERED TO GOVERNOR
 05/04/2021SIGNED CHAP.104
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A07175 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7175A
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend chapter 381 of the laws of 2020 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020", in relation to extending the effectiveness thereof; and to amend chapter 73 of the laws of 2021 relating to establishing the "COVID-19 Emergency Protect Our Small Businesses Act of 2021", in relation to extending the effectiveness thereof   PURPOSE OF BILL: Extends through August 31, 2021 the effectiveness of the statutory limi- tations on eviction of residential and certain commercial tenants expe- riencing financial hardship, limitations on certain foreclosures and tax sales, and related provisions, which may otherwise expire after May 1, 2021. A technical change has been made in the amended bill solely to assure that an omitted reference, section 6 of Part A of Chapter 381 of the Laws of 2020, is also extended through August 31, 2021.   SUMMARY OF PROVISIONS OF BILL: The bill would amend various provisions of L. 2020, c. 381 and L. 2021, c: 73 to extend these protections through August 31, 2021.   JUSTIFICATION: COVID-19 continues to adversely affect the economy and impact families and small business throughout the state. The state of emergency declared by the Governor by Executive Order on March 7, 2020 remains in effect. The 2021-22 State Budget (L. 2021, c. 56,. Part BB) created a rent relief program to utilize up to $2.3 billion in state and federal fund- ing to aid certain renters with up to 12 months of rent and utility arrears assistance, plus up to three months' prospective rent assist- ance. Landlords or tenants can initiate an application under the program. Although funds are not yet being distributed, this is expected to occur beginning in May and June, 2021. Under the circumstances, given the continuing public health emergency and the need to assure stability in the economy throughout the state, this legislation would extend' the provisions of L. 2020, c. 381 and L. 2021, c. 73 through August 31, 2021.   LEGISLATIVE HISTORY: New Bill. Amends the effective dates of L 202.0, c. 381 and L. 2021,   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No direct, additional costs.   EFFECTIVE DATE: Pursuant to bill section 30, the bill takes effect "immediately and shall be deemed to have been in full force and effect on May 1, 2021
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A07175 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7175--A
                                                                    R. R. 64
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 23, 2021
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, EPSTEIN, L. ROSENTHAL, OTIS, BARRON --
          read once and referred to the Committee on Judiciary --  reported  and
          referred  to  the  Committee on Rules -- ordered to a third reading --
          amended on the special order of third reading,  ordered  reprinted  as
          amended, retaining its place on the special order of third reading
 
        AN  ACT  to  amend  chapter  381  of  the  laws of 2020 establishing the
          "COVID-19 Emergency Eviction and Foreclosure Prevention Act of  2020",
          in relation to extending the effectiveness thereof; and to amend chap-
          ter  73  of the laws of 2021 relating  to  establishing the  "COVID-19
          Emergency Protect Our Small Businesses 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", is amended to read as follows:
     4    4. "Hardship declaration" means the following statement, or a substan-
     5  tially  equivalent  statement  in  the  tenant's  primary  language,  in
     6  14-point  type, published by the office of court administration, whether
     7  in physical or electronic written form:
     8    "NOTICE TO TENANT: If you have lost  income  or  had  increased  costs
     9  during  the COVID-19 pandemic, or moving would pose a significant health
    10  risk for you or a member of your household due to an increased risk  for
    11  severe  illness  or  death  from  COVID-19  due to an underlying medical
    12  condition, and you sign and deliver this hardship  declaration  form  to
    13  your  landlord,  you cannot be evicted until at least [May 1] August 31,
    14  2021 for nonpayment of rent or for holding over after the expiration  of
    15  your lease. You may still be evicted for violating your lease by persis-
    16  tently   and   unreasonably  engaging  in  behavior  that  substantially
    17  infringes on the use and enjoyment of  other  tenants  or  occupants  or
    18  causes a substantial safety hazard to others.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11083-02-1

        A. 7175--A                          2
 
     1    If  your  landlord has provided you with this form, your landlord must
     2  also provide you with a mailing address and e-mail address to which  you
     3  can  return  this form. If your landlord has already started an eviction
     4  proceeding against you, you can return this form to  either  your  land-
     5  lord,  the court, or both at any time. You should keep a copy or picture
     6  of the signed form for your records. You will still owe any unpaid  rent
     7  to  your  landlord.  You should also keep careful track of what you have
     8  paid and any amount you still owe.
     9    For more information about legal resources that may  be  available  to
    10  you,  go  to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
    11  live in New York City or go  to  www.nycourts.gov/evictions/outside-nyc/
    12  or  call  a local bar association or legal services provider if you live
    13  outside of New York City. Rent relief may be available to you,  and  you
    14  should contact your local housing assistance office.
 
    15        TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
    16  I  am  a tenant, lawful occupant, or other person responsible for paying
    17  rent, use and occupancy, or any other financial obligation under a lease
    18  or tenancy agreement at (address of dwelling unit).
    19  YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR   EVICTION PROTECTION  BY
    20  SELECTING OPTION "A" OR "B", OR BOTH.
 
    21  A.  (  ) I am experiencing financial hardship, and I am unable to pay my
    22  rent or other financial obligations under the lease in  full  or  obtain
    23  alternative  suitable  permanent  housing  because of one or more of the
    24  following:
    25    1. Significant loss of household income during the COVID-19 pandemic.
    26    2. Increase in necessary out-of-pocket expenses related to  performing
    27  essential  work or related to health impacts during the COVID-19 pandem-
    28  ic.
    29    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    30  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    31  have negatively affected my ability or the  ability  of  someone  in  my
    32  household to obtain meaningful employment or earn income or increased my
    33  necessary out-of-pocket expenses.
    34    4.  Moving expenses and difficulty I have securing alternative housing
    35  make it a hardship for me to relocate to another  residence  during  the
    36  COVID-19 pandemic.
    37    5. Other circumstances related to the COVID-19 pandemic have negative-
    38  ly affected my ability to obtain meaningful employment or earn income or
    39  have   significantly   reduced  my  household  income  or  significantly
    40  increased my expenses.
    41  To the extent that  I  have  lost  household  income  or  had  increased
    42  expenses,  any  public  assistance,  including  unemployment  insurance,
    43  pandemic unemployment assistance, disability insurance, or  paid  family
    44  leave,  that  I  have  received since the start of the COVID-19 pandemic
    45  does not fully make up for my loss  of  household  income  or  increased
    46  expenses.
 
    47  B. ( ) Vacating the premises and moving into new permanent housing would
    48  pose  a  significant  health risk because I or one or more members of my
    49  household have an increased  risk  for  severe  illness  or  death  from
    50  COVID-19 due to being over the age of sixty-five, having a disability or
    51  having  an  underlying  medical  condition, which may include but is not
    52  limited to being immunocompromised.

        A. 7175--A                          3
 
     1  I understand that I must comply with all other  lawful  terms  under  my
     2  tenancy,  lease agreement or similar contract. I further understand that
     3  lawful fees, penalties or interest for not having paid rent in  full  or
     4  met  other financial obligations as required by my tenancy, lease agree-
     5  ment  or  similar  contract  may  still  be charged or collected and may
     6  result in a monetary judgment against me.  I further understand that  my
     7  landlord may be able to seek eviction after [May 1] August 31, 2021, and
     8  that the law may provide certain protections at that time that are sepa-
     9  rate from those available through this declaration.
 
    10  Signed:
    11  Printed name:
    12  Date signed:
 
    13  NOTICE:  You  are signing and submitting this form under penalty of law.
    14  That means it is against the law to make a statement on this  form  that
    15  you know is false."
    16    §  2. Sections 4, 6 and 7 of part A of chapter 381 of the laws of 2020
    17  establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
    18  Act of 2020", are amended to read as follows:
    19    § 4. Prohibition on initiation of eviction proceeding.  If there is no
    20  pending eviction proceeding and a tenant provides a hardship declaration
    21  to the landlord or an agent of the landlord, there shall  be  no  initi-
    22  ation  of  an eviction proceeding against the tenant until at least [May
    23  1] August 31, 2021, and in such event any specific time  limit  for  the
    24  commencement  of  an  eviction  proceeding shall be tolled until [May 1]
    25  August 31, 2021.
    26    § 6. Pending proceedings. In  any  eviction  proceeding  in  which  an
    27  eviction  warrant  has  not  been issued, including eviction proceedings
    28  filed on or before March 7, 2020, if  the  tenant  provides  a  hardship
    29  declaration  to the petitioner, the court, or an agent of the petitioner
    30  or the court, the eviction proceeding shall be  stayed  until  at  least
    31  [May 1] August 31, 2021. If such hardship declaration is provided to the
    32  petitioner  or  agent,  such  petitioner or agent shall promptly file it
    33  with the court, advising the court in writing the index  number  of  all
    34  relevant cases.
    35    §  7.  Default  judgments.  No  court  shall  issue  a judgment in any
    36  proceeding authorizing a warrant of eviction against  a  respondent  who
    37  has defaulted, or authorize the enforcement of an eviction pursuant to a
    38  default  judgment, prior to [May 1] August 31, 2021, without first hold-
    39  ing a hearing after the effective date of this act upon  motion  of  the
    40  petitioner.  The  petitioner or an agent of the petitioner shall file an
    41  affidavit attesting that the petitioner or the  petitioner's  agent  has
    42  served  notice  of  the  date,  time,  and  place of such hearing on the
    43  respondent, including a copy of such notice. If a default  judgment  has
    44  been  awarded prior to the effective date of this act, the default judg-
    45  ment shall be removed and the matter restored to the court calendar upon
    46  the respondent's written or oral request to the court either  before  or
    47  during  such  hearing  and  an order to show cause to vacate the default
    48  judgment shall not be required.
    49    § 3. Subdivision a of section 8 of part A of chapter 381 of  the  laws
    50  of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure
    51  Prevention Act of 2020", is amended to read as follows:
    52    a. (i) In any eviction proceeding in which  an  eviction  warrant  has
    53  been  issued  prior  to  the effective date of this act, but has not yet
    54  been executed as of the effective date of this act,  including  eviction

        A. 7175--A                          4
 
     1  proceedings  filed  on or before March 7, 2020, the court shall stay the
     2  execution of the warrant at least until the  court  has  held  a  status
     3  conference  with  the  parties.  (ii) In any eviction proceeding, if the
     4  tenant  provides a hardship declaration to the petitioner, the court, or
     5  an agent of the petitioner or the court, prior to the execution  of  the
     6  warrant, the execution shall be stayed until at least [May 1] August 31,
     7  2021.  If  such  hardship  declaration  is provided to the petitioner or
     8  agent of the petitioner, such petitioner or agent shall promptly file it
     9  with the court, advising the court in writing the index  number  of  all
    10  relevant cases.
    11    §  4.  Subdivision 4 of section 9 of part A of chapter 381 of the laws
    12  of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
    13  Prevention Act of 2020", is amended to read as follows:
    14    4.  If  the petitioner fails to establish that the tenant persistently
    15  and unreasonably engaged in such behavior and the tenant provides or has
    16  provided a hardship declaration to the petitioner, petitioner's agent or
    17  the court, the  court  shall  stay  or  continue  to  stay  any  further
    18  proceedings until at least [May 1] August 31, 2021.
    19    §  5.  Section  13 of part A of chapter 381 of the laws of 2020 estab-
    20  lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act
    21  of 2020", is amended to read as follows:
    22    §  13.  This  act shall take effect immediately and sections one, two,
    23  three, four, five, six, seven, eight, nine, ten and twelve of  this  act
    24  shall expire [May 1] August 31, 2021.
    25    §  6.  Section  2 of subpart A of part B of chapter 381 of the laws of
    26  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    27  Prevention Act of 2020", is amended to read as follows:
    28    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    29  means  the  following statement, or a substantially equivalent statement
    30  in the mortagor's primary language, in 14-point type, published  by  the
    31  office  of court administration, whether in physical or electronic writ-
    32  ten form:
    33    "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
    34  during  the  COVID-19  pandemic,  and you sign and deliver this hardship
    35  declaration form to your mortgage lender or other foreclosing party, you
    36  cannot be foreclosed on until at least [May 1] August 31, 2021.
    37    If your mortgage lender or other foreclosing party provided  you  with
    38  this  form,  the  mortgage  lender  or other foreclosing party must also
    39  provide you with a mailing address and e-mail address to which  you  can
    40  return this form. If you are already in foreclosure proceedings, you may
    41  return  this form to the court. You should keep a copy or picture of the
    42  signed form for your records. You will still  owe  any  unpaid  mortgage
    43  payments  and  lawful  fees to your lender. You should also keep careful
    44  track of what you have paid and any amount you still owe.
    45             MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
    46    I am the mortgagor of the property  at  (address  of  dwelling  unit).
    47  Including  my  primary residence, I own, whether directly or indirectly,
    48  ten or fewer residential dwelling units.  I  am  experiencing  financial
    49  hardship,  and  I am unable to pay my mortgage in full because of one or
    50  more of the following:
    51    1. Significant loss of household income during the COVID-19 pandemic.
    52    2. Increase in necessary out-of-pocket expenses related to  performing
    53  essential  work or related to health impacts during the COVID-19 pandem-
    54  ic.
    55    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    56  elderly,  disabled,  or  sick family member during the COVID-19 pandemic

        A. 7175--A                          5
 
     1  have negatively affected my ability or the  ability  of  someone  in  my
     2  household to obtain meaningful employment or earn income or increased my
     3  necessary out-of-pocket expenses.
     4    4.  Moving expenses and difficulty I have securing alternative housing
     5  make it a hardship for me to relocate to another  residence  during  the
     6  COVID-19 pandemic.
     7    5. Other circumstances related to the COVID-19 pandemic have negative-
     8  ly affected my ability to obtain meaningful employment or earn income or
     9  have   significantly   reduced  my  household  income  or  significantly
    10  increased my expenses.
    11    6. One or more of my tenants has defaulted on a significant amount  of
    12  their rent payments since March 1, 2020.
    13    To  the extent I have lost household income or had increased expenses,
    14  any public assistance, including unemployment insurance, pandemic  unem-
    15  ployment  assistance, disability insurance, or paid family leave, that I
    16  have received since the start of the COVID-19 pandemic  does  not  fully
    17  make up for my loss of household income or increased expenses.
    18    I  understand  that I must comply with all other lawful terms under my
    19  mortgage agreement. I further understand that lawful fees, penalties  or
    20  interest for not having paid my mortgage in full as required by my mort-
    21  gage  agreement  may  still  be charged or collected and may result in a
    22  monetary judgment against me. I also understand that my mortgage  lender
    23  or other foreclosing party may pursue a foreclosure action against me on
    24  or  after [May 1] August 31, 2021, if I do not fully repay any missed or
    25  partial payments and lawful fees.
    26  Signed:
    27  Printed Name:
    28  Date Signed:
    29  NOTICE: You are signing and submitting this form under penalty  of  law.
    30  That  means  it is against the law to make a statement on this form that
    31  you know is false."
    32    § 7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381  of
    33  the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
    34  closure Prevention Act of 2020", are amended to read as follows:
    35    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    36  party or an agent of the foreclosing party, there shall be no initiation
    37  of  an  action  to  foreclose  a mortgage against the mortgagor until at
    38  least [May 1] August 31, 2021, and in such event any specific time limit
    39  for the commencement of an action  to  foreclose  a  mortgage  shall  be
    40  tolled until [May 1] August 31, 2021.
    41    § 7. In any action to foreclose a mortgage in which a judgment of sale
    42  has not been issued, including actions filed on or before March 7, 2020,
    43  if  the  mortgagor  provides  a  hardship declaration to the foreclosing
    44  party, the court, or an agent of the foreclosing party or the court, the
    45  proceeding shall be stayed until at least [May 1] August  31,  2021.  If
    46  such  hardship declaration is provided to the foreclosing party or agent
    47  of the foreclosing party, such foreclosing party or agent shall promptly
    48  file it with the court, advising the court in writing the  index  number
    49  of all relevant cases.
    50    § 8. In any action to foreclose a mortgage in which a judgment of sale
    51  has  been issued prior to the effective date of this act but has not yet
    52  been executed as of the effective date of this  act,  including  actions
    53  filed  on or before March 7, 2020, the court shall stay the execution of
    54  the judgment at least until the court has held a status conference  with
    55  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
    56  provides a hardship declaration to the foreclosing party, the court,  or

        A. 7175--A                          6
 
     1  an  agent  of the foreclosing party or the court, prior to the execution
     2  of the judgment, the execution shall be stayed until at  least  [May  1]
     3  August  31, 2021.  If such hardship declaration is provided to the fore-
     4  closing  party or agent of the foreclosing party, such foreclosing party
     5  or agent shall promptly file it with the court, advising  the  court  in
     6  writing the index number of all relevant cases.
     7    §  12.  This  act shall take effect immediately and sections one, two,
     8  three, four, five, six, seven, eight, nine and eleven of this act  shall
     9  expire [May 1] August 31, 2021.
    10    §  8. Subdivision 3 of section 2 of subpart B of part B of chapter 381
    11  of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
    12  Foreclosure Prevention Act of 2020", is amended to read as follows:
    13    3. "Hardship Declaration" means the following statement, or a substan-
    14  tially equivalent statement in the owner's primary language, in 14-point
    15  type, whether in physical or electronic written form:
    16    "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    17    I  am  the  owner  of the property at (address).  Including my primary
    18  residence, I own, whether directly or indirectly, ten or fewer  residen-
    19  tial  dwelling  units.    I am experiencing financial hardship, and I am
    20  unable to pay my full tax bill because of one or more of the following:
    21    1. Significant loss of household income during the COVID-19 pandemic.
    22    2. Increase in necessary out-of-pocket expenses related to  performing
    23  essential  work or related to health impacts during the COVID-19 pandem-
    24  ic.
    25    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    26  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    27  have negatively affected my ability or the  ability  of  someone  in  my
    28  household to obtain meaningful employment or earn income or increased my
    29  necessary out-of-pocket expenses.
    30    4.  Moving expenses and difficulty I have securing alternative housing
    31  make it a hardship for me to relocate to another  residence  during  the
    32  COVID-19 pandemic.
    33    5. Other circumstances related to the COVID-19 pandemic have negative-
    34  ly affected my ability to obtain meaningful employment or earn income or
    35  have   significantly   reduced  my  household  income  or  significantly
    36  increased my expenses.
    37    6. One or more of my tenants has defaulted on a significant amount  of
    38  their rent payments since March 1, 2020.
    39    To  the  extent  that  I  have  lost household income or had increased
    40  expenses,  any  public  assistance,  including  unemployment  insurance,
    41  pandemic  unemployment  assistance, disability insurance, or paid family
    42  leave, that I have received since the start  of  the  COVID-19  pandemic
    43  does  not  fully  make  up  for my loss of household income or increased
    44  expenses.
    45    I understand that lawful fees, penalties or interest  for  not  having
    46  paid  my  taxes in full may still be charged or collected and may result
    47  in a foreclosure action against me on or after [May 1] August 31,  2021,
    48  if I do not fully repay any missed or partial payments and fees.
    49  Signed:
    50  Printed Name:
    51  Date Signed:
    52  NOTICE:  You  are signing and submitting this form under penalty of law.
    53  That means it is against the law to make a statement on this  form  that
    54  you know is false."

        A. 7175--A                          7
 
     1    §  9. Subdivision 3 of section 3 of subpart B of part B of chapter 381
     2  of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
     3  Foreclosure Prevention Act of 2020", is amended to read as follows:
     4    3.  The  submission  of  such  a  declaration, unless withdrawn by the
     5  owner, shall act as a temporary stay  applicable  to  all  entities  and
     6  persons  of  all  such  tax  lien  sales and tax foreclosure actions and
     7  proceedings  against  such  owner  for  such  property  that  have  been
     8  commenced or could have been commenced before [May 1] August 31, 2021.
     9    §  10.  Section 4 of subpart B of part B of chapter 381 of the laws of
    10  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    11  Prevention Act of 2020", is amended to read as follows:
    12    §  4.  This act shall take effect immediately and sections one and two
    13  and subdivisions one, two, three, four and five of section  three  shall
    14  expire [May 1] August 31, 2021.
    15    § 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
    16  of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
    17  Foreclosure Prevention Act of 2020", is amended to read as follows:
    18    2. Hardship declaration. For purposes of this act, "hardship  declara-
    19  tion"  shall mean the following statement, or a substantially equivalent
    20  statement in the owner or  mortgagor's  primary  language,  in  14-point
    21  type, whether in physical or electronic written form, and the department
    22  of  financial  services shall publish a copy of the hardship declaration
    23  on its website:
    24    "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
    25  costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
    26  ship declaration  form  to  your  lending  institution,  you  cannot  be
    27  discriminated  against  in the determination of whether credit should be
    28  extended or reported negatively to a credit reporting  agency  until  at
    29  least [May 1] August 31, 2021.
    30    If  a  lending  institution  provided  you with this form, the lending
    31  institution must also provide you with  a  mailing  address  and  e-mail
    32  address  to  which  you  can return this form. You should keep a copy or
    33  picture of the signed form for your records.
    34    OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    35    I am the OWNER/MORTGAGOR of  the  property  at  (address  of  dwelling
    36  unit).  Including my primary residence, I own, whether directly or indi-
    37  rectly,  ten  or  fewer  residential dwelling units.   I am experiencing
    38  financial hardship, and I am unable to pay my mortgage in  full  because
    39  of one or more of the following:
    40    1. Significant loss of household income during the COVID-19 pandemic.
    41    2.  Increase in necessary out-of-pocket expenses related to performing
    42  essential work or related to health impacts during the COVID-19  pandem-
    43  ic.
    44    3.  Childcare  responsibilities  or  responsibilities  to  care for an
    45  elderly, disabled, or sick family member during  the  COVID-19  pandemic
    46  have  negatively  affected  my  ability  or the ability of someone in my
    47  household to obtain meaningful employment or earn income or increased my
    48  necessary out-of-pocket expenses.
    49    4. Moving expenses and difficulty I have securing alternative  housing
    50  make  it  a  hardship for me to relocate to another residence during the
    51  COVID-19 pandemic.
    52    5. Other circumstances related to the COVID-19 pandemic have negative-
    53  ly affected my ability to obtain meaningful employment or earn income or
    54  have  significantly  reduced  my  household  income   or   significantly
    55  increased my expenses.

        A. 7175--A                          8
 
     1    6.  One or more of my tenants has defaulted on a significant amount of
     2  their rent payments since March 1, 2020.
     3    To  the  extent  that  I  have  lost household income or had increased
     4  expenses,  any  public  assistance,  including  unemployment  insurance,
     5  pandemic  unemployment  assistance, disability insurance, or paid family
     6  leave, that I have received since the start  of  the  COVID-19  pandemic
     7  does  not  fully  make  up  for my loss of household income or increased
     8  expenses.
     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    § 12. Section 2 of subpart C of part B of chapter 381 of the  laws  of
    16  2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
    17  Prevention Act of 2020", is amended to read as follows:
    18    § 2. This act take effect immediately and shall expire [May 1]  August
    19  31, 2021.
    20    §  13.  Section 2 of subpart D of part B of chapter 381 of the laws of
    21  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    22  Prevention Act of 2020", is amended to read as follows:
    23    §  2.  This act shall take effect immediately and shall expire [May 1]
    24  August 31, 2021. This act shall be deemed to have been in full force and
    25  effect on and after March 7, 2020.
    26    § 14. Subdivision 4 of section 1 of part A of chapter 73 of  the  laws
    27  of  2021 establishing   the  "COVID-19 Emergency Protect Our Small Busi-
    28  nesses Act of 2021", is amended to read as follows:
    29    4. "Hardship declaration" means the following statement, or a substan-
    30  tially equivalent statement in the  language  in  which  the  commercial
    31  lease  or tenancy agreement was written or negotiated, in 14-point type,
    32  published by the office of court administration, whether in physical  or
    33  electronic written form:
    34    "NOTICE TO COMMERCIAL TENANT:  If you have lost significant revenue or
    35  had  significantly increased necessary costs during the COVID-19 pandem-
    36  ic, and you sign and deliver this  hardship  declaration  form  to  your
    37  landlord,  you  cannot be evicted until at least [May 1] August 31, 2021
    38  for nonpayment of rent or for holding over after the expiration of  your
    39  lease. You may still be evicted for violating your lease by persistently
    40  and  unreasonably  engaging  in behavior that substantially infringes on
    41  the use and enjoyment of other tenants or occupants or causes a substan-
    42  tial safety hazard to others.
    43    If your landlord has provided you with this form, your  landlord  must
    44  also  provide you with a mailing address and e-mail address to which you
    45  can return this form. If your landlord has already started  an  eviction
    46  proceeding  against  you,  you can return this form to either your land-
    47  lord, the court, or both at any time. You should keep a copy or  picture
    48  of  the signed form for your records. You will still owe any unpaid rent
    49  to your landlord. You should also keep careful track of  what  you  have
    50  paid and any amount you still owe.
 
    51           COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
    52                              COVID-19 PANDEMIC
 
    53  I  am  the owner, chief executive officer, president, or similar officer
    54  of (name of business), in which is a commercial tenant  at  (address  of

        A. 7175--A                          9
 
     1  commercial  unit).  My business is resident in New York state, independ-
     2  ently owned and operated, not dominant in its field, and  employs  fifty
     3  or  fewer persons.   My business is experiencing financial hardship, and
     4  is unable to pay the rent or other financial obligations under the lease
     5  in full or obtain an alternative suitable commercial property because of
     6  one or more of the following:
     7    1. Significant loss of revenue during the COVID-19 pandemic.
     8    2.  Significant  increase  in  necessary expenses related to providing
     9  personal protective equipment to employees or purchasing and  installing
    10  other protective equipment to prevent the transmission of COVID-19 with-
    11  in the business.
    12    3.  Moving  expenses and difficulty in securing an alternative commer-
    13  cial property make it a hardship for the business to relocate to another
    14  location during the COVID-19 pandemic.
    15    To the extent the business has lost revenue or had increased expenses,
    16  any public assistance the business has received since the start  of  the
    17  COVID-19  pandemic  does  not  fully  make up for the business's loss of
    18  revenue or increased expenses.
 
    19  I understand that the business must comply with all other  lawful  terms
    20  under  its  commercial  tenancy,  lease agreement or similar contract. I
    21  further understand that lawful  fees,  penalties  or  interest  for  not
    22  having  paid rent in full or met other financial obligations as required
    23  by the commercial tenancy, lease agreement or similar contract may still
    24  be charged or collected and may  result  in  a  monetary  judgment.    I
    25  further  understand that the landlord may be able to seek eviction after
    26  [May  1]  August  31,  2021,  and  that  the  law  may  provide  certain
    27  protections  at that time that are separate from those available through
    28  this declaration.
 
    29  Signed:
    30  Printed name:
    31  Date signed:
 
    32  NOTICE: You are signing and submitting this form under penalty  of  law.
    33  That  means  it is against the law to make a statement on this form that
    34  you know is false."
    35    § 15.  Section 2 of part A of chapter 73 of the laws  of  2021  estab-
    36  lishing  the  "COVID-19  Emergency  Protect  Our Small Businesses Act of
    37  2021", is amended to read as follows:
    38    § 2. No commercial tenant shall be removed from the  possession  prior
    39  to [May 1] August 31, 2021, except by an eviction proceeding.
    40    § 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
    41  ing  the  "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
    42  is amended to read as follows:
    43    § 5. Prohibition on initiation of eviction proceeding.  If there is no
    44  pending eviction proceeding and a tenant provides a hardship declaration
    45  to the landlord or an agent of the landlord, there shall  be  no  initi-
    46  ation  of  an eviction proceeding against the tenant until at least [May
    47  1] August 31, 2021, and in such event any specific time  limit  for  the
    48  commencement  of  an  eviction  proceeding shall be tolled until [May 1]
    49  August 31, 2021.
    50    § 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
    51  ing the "COVID-19 Emergency Protect Our Small Businesses Act  of  2021",
    52  is amended to read as follows:

        A. 7175--A                         10
 
     1    §  7.  Pending  proceedings.  In  any  eviction proceeding in which an
     2  eviction warrant or judgment of possession or  ejectment  has  not  been
     3  issued, including eviction proceedings filed on or before March 7, 2020,
     4  if  the  tenant  provides  a  hardship  declaration to the petitioner or
     5  plaintiff,  the court, or an agent of the petitioner or plaintiff or the
     6  court, the eviction proceeding shall be stayed until at  least  [May  1]
     7  August  31,  2021. If such hardship declaration is provided to the peti-
     8  tioner or plaintiff or agent, such  petitioner  or  plaintiff  or  agent
     9  shall promptly file it with the court, advising the court in writing the
    10  index number of all relevant cases.
    11    §  18. Paragraph (ii) of subdivision a of section 8 of part A of chap-
    12  ter 73 of the laws of 2021 establishing the "COVID-19 Emergency  Protect
    13  Our Small Businesses Act of 2021", is amended to read as follows:
    14    (ii)  In  any  eviction  proceeding, if the tenant provides a hardship
    15  declaration to the petitioner or plaintiff, the court, or  an  agent  of
    16  the  petitioner or plaintiff or the court, prior to the execution of the
    17  warrant or judgment, the execution shall be stayed until at  least  [May
    18  1]  August  31,  2021.   If such hardship declaration is provided to the
    19  petitioner or plaintiff or agent of the petitioner  or  plaintiff,  such
    20  petitioner  or plaintiff or agent shall promptly file it with the court,
    21  advising the court in writing the index number of all relevant cases.
    22    § 19. Subdivision 4 of section 9 of part A of chapter 73 of  the  laws
    23  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small Busi-
    24  nesses Act of 2021", is amended to read as follows:
    25    4. If the petitioner or plaintiff fails to establish that  the  tenant
    26  persistently  and  unreasonably  engaged in such behavior and the tenant
    27  provides or has provided  a  hardship  declaration  to  the  petitioner,
    28  petitioner's  or plaintiff's agent or the court, the court shall stay or
    29  continue to stay any further proceedings until at least [May  1]  August
    30  31, 2021.
    31    §  20.  Section  13 of part A of chapter 73 of the laws of 2021 estab-
    32  lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
    33  2021", is amended to read as follows:
    34    §  13.  This  act shall take effect immediately and sections one, two,
    35  three, four, five, six, seven, eight, nine, ten and twelve of  this  act
    36  shall expire [May 1] August 31, 2021.
    37    §  21.  Section 2 of subpart A  of part B of chapter 73 of the laws of
    38  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    39  Act of 2021", is amended to read as follows:
    40    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    41  means  the following statement in 14-point type, published by the office
    42  of court administration, whether in physical or electronic written form:
    43    "NOTICE TO COMMERCIAL MORTGAGOR: If you have lost significant  revenue
    44  or  had  significantly  increased  necessary  costs  during the COVID-19
    45  pandemic, and you sign and deliver this  hardship  declaration  form  to
    46  your  mortgage  lender  or  other foreclosing party, you cannot be fore-
    47  closed on until at least [May 1] August 31, 2021.
    48    If your mortgage lender or other foreclosing party provided  you  with
    49  this  form,  the  mortgage  lender  or other foreclosing party must also
    50  provide you with a mailing address and e-mail address to which  you  can
    51  return this form. If you are already in foreclosure proceedings, you may
    52  return  this form to the court. You should keep a copy or picture of the
    53  signed form for your records. You will still  owe  any  unpaid  mortgage
    54  payments  and  lawful  fees to your lender. You should also keep careful
    55  track of what you have paid and any amount you still owe.
    56        COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP

        A. 7175--A                         11

     1    I am the owner, chief executive officer, president, or similar officer
     2  of (name of the business), which is the mortgagor  of  the  property  at
     3  (address  of  commercial  unit).   My business owns, whether directly or
     4  indirectly, ten or fewer commercial units.  My business is  resident  in
     5  New  York  State,  independently owned and operated, not dominant in its
     6  field, and employs fifty or fewer persons. My business  is  experiencing
     7  financial  hardship and is unable to pay the mortgage in full because of
     8  one or more of the following:
     9    1. Significant loss of revenue during the COVID-19 pandemic.
    10    2. Significant increase in necessary  expenses  related  to  providing
    11  personal  protective equipment to employees or purchasing and installing
    12  other protective equipment to prevent the transmission of COVID-19 with-
    13  in the business.
    14    3. Moving expenses and difficulty in securing an  alternative  commer-
    15  cial property make it a hardship for the business to relocate to another
    16  property during the COVID-19 pandemic.
    17    4.  One  or  more of the business's tenants has defaulted on a signif-
    18  icant amount of their rent payments since March 1, 2020.
    19    To the extent that the business has  lost  revenue  or  had  increased
    20  expenses,  any  public  assistance  the  business has received since the
    21  start of the COVID-19 pandemic does not fully make up for the business's
    22  loss of revenue or increased expenses.
    23    I understand that the business must comply with all other lawful terms
    24  under my commercial mortgage agreement. I further understand that lawful
    25  fees, penalties or interest for not having paid the mortgage in full  as
    26  required  by  the  commercial mortgage agreement may still be charged or
    27  collected and may result in a monetary judgment.  I also understand that
    28  the mortgage lender or other foreclosing party may pursue a  foreclosure
    29  action against the business on or after [May 1] August 31, 2021, if I do
    30  not fully repay any missed or partial payments and lawful fees.
    31  Signed:
    32  Printed Name:
    33  Date Signed:
    34  NOTICE:  You  are signing and submitting this form under penalty of law.
    35  That means it is against the law to make a statement on this  form  that
    36  you know is false."
    37    §  22.  Section 5 of subpart A  of part B of chapter 73 of the laws of
    38  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    39  Act of 2021", is amended to read as follows:
    40    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    41  party or an agent of the foreclosing party, there shall be no initiation
    42  of  an  action  to  foreclose  a mortgage against the mortgagor until at
    43  least [May 1] August 31, 2021, and in such event any specific time limit
    44  for the commencement of an action  to  foreclose  a  mortgage  shall  be
    45  tolled until [May 1] August 31, 2021.
    46    §  23.  Sections  7 and 8 of subpart A  of part B of chapter 73 of the
    47  laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our  Small
    48  Businesses Act of 2021", are amended to read as follows:
    49    § 7. In any action to foreclose a mortgage in which a judgment of sale
    50  has not been issued, including actions filed on or before March 7, 2020,
    51  if  the  mortgagor  provides  a  hardship declaration to the foreclosing
    52  party, the court, or an agent of the foreclosing party or the court, the
    53  proceeding shall be stayed until at least [May 1] August  31,  2021.  If
    54  such  hardship declaration is provided to the foreclosing party or agent
    55  of the foreclosing party, such foreclosing party or agent shall promptly

        A. 7175--A                         12
 
     1  file it with the court, advising the court in writing the  index  number
     2  of all relevant cases.
     3    § 8. In any action to foreclose a mortgage in which a judgment of sale
     4  has  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  actions
     6  filed  on or before March 7, 2020, the court shall stay the execution of
     7  the judgment at least until the court has held a status conference  with
     8  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
     9  provides a hardship declaration to the foreclosing party, the court,  or
    10  an  agent  of the foreclosing party or the court, prior to the execution
    11  of the judgment, the execution shall be stayed until at  least  [May  1]
    12  August  31, 2021.  If such hardship declaration is provided to the fore-
    13  closing party or agent of the foreclosing party, such foreclosing  party
    14  or  agent  shall  promptly file it with the court, advising the court in
    15  writing the index number of all relevant cases.
    16    § 24. Section 12 of subpart A of part B of chapter 73 of the  laws  of
    17  2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
    18  Act of 2021", is amended to read as follows:
    19    § 12. This act shall take effect immediately and  sections  one,  two,
    20  three,  four, five, six, seven, eight, nine and eleven of this act shall
    21  expire [May 1] August 31, 2021.
    22    § 25.  Subdivision 3 of section 2 of subpart B  of part B  of  chapter
    23  73  of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
    24  Small Businesses Act of 2021", is amended to read as follows:
    25    3. "Hardship Declaration" means the following  statement  in  14-point
    26  type, whether in physical or electronic written form:
    27         "COMMERCIAL OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    28  I  am  the owner, chief executive officer, president, or similar officer
    29  of (name of the business), which is the owner of the commercial property
    30  at (address).  My business owns, whether directly or indirectly, ten  or
    31  fewer  commercial  units.    My  business is resident in New York State,
    32  independently owned and operated, not dominant in its field, and employs
    33  fifty or fewer persons.  My business is experiencing financial hardship,
    34  and is unable to pay its full tax bill because of one  or  more  of  the
    35  following:
    36    1. Significant loss of revenue during the COVID-19 pandemic.
    37    2.  Significant  increase  in  necessary expenses related to providing
    38  personal protective equipment to employees or purchasing and  installing
    39  other protective equipment to prevent the transmission of COVID-19 with-
    40  in the business.
    41    3.  Moving  expenses and difficulty in securing an alternative commer-
    42  cial property make it a hardship for the business to relocate to another
    43  property during the COVID-19 pandemic.
    44    4. One or more of the business's tenants has defaulted  on  a  signif-
    45  icant amount of their rent payments since March 1, 2020.
    46    To  the  extent  that  the  business has lost revenue or had increased
    47  expenses, any public assistance that the business has received since the
    48  start of the COVID-19 pandemic does not fully make up for  the  loss  of
    49  revenue or increased expenses.
    50    I  understand  that  lawful fees, penalties or interest for not having
    51  paid the business's taxes in full may still be charged or collected  and
    52  may result in a foreclosure action against the business on or after [May
    53  1]  August  31, 2021, if the business does not fully repay any missed or
    54  partial payments and fees.
    55  Signed:
    56  Printed Name:

        A. 7175--A                         13
 
     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    §  26.   Subdivision 3 of section 3 of subpart B  of part B of chapter
     6  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect  Our
     7  Small Businesses Act of 2021", is amended to read as follows:
     8    3.  The  submission  of  such  a  declaration, unless withdrawn by the
     9  owner, shall act as a temporary stay  applicable  to  all  entities  and
    10  persons  of  all  such  tax  lien  sales and tax foreclosure actions and
    11  proceedings  against  such  owner  for  such  property  that  have  been
    12  commenced or could have been commenced before [May 1] August 31, 2021.
    13    §  27.  Section 4 of subpart B  of part B of chapter 73 of the laws of
    14  2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
    15  Act of 2021", is amended to read as follows:
    16    §  4.  This act shall take effect immediately and sections one and two
    17  and subdivisions one, two, three, four and five of section  three  shall
    18  expire [May 1] August 31, 2021.
    19    §  28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
    20  of the laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our
    21  Small Businesses Act of 2021", is amended to read as follows:
    22    2.  Hardship declaration. For purposes of this act, "hardship declara-
    23  tion" shall mean the following statement in 14-point  type,  whether  in
    24  physical  or  electronic  written  form, and the department of financial
    25  services shall publish  a  copy  of  the  hardship  declaration  on  its
    26  website:
    27    "NOTICE  TO  COMMERCIAL  OWNER/MORTGAGOR: If you have lost significant
    28  revenue or had  significantly  increased  necessary  costs  due  to  the
    29  COVID-19  pandemic,  and  you sign and deliver this hardship declaration
    30  form to your lending institution, you cannot be discriminated against in
    31  the determination of whether credit should be extended or reported nega-
    32  tively to a credit reporting agency until at least [May  1]  August  31,
    33  2021.
    34    If  a  lending  institution  provided  you with this form, the lending
    35  institution must also provide you with  a  mailing  address  and  e-mail
    36  address  to  which  you  can return this form. You should keep a copy or
    37  picture of the signed form for your records.
    38    COMMERCIAL OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    39    I am the owner, chief executive officer, president, or similar officer
    40  of (name of the business), which is the OWNER/MORTGAGOR of the  property
    41  at  (address of commercial unit).  My business owns, whether directly or
    42  indirectly, ten or fewer commercial units.  My business is  resident  in
    43  New  York  State,  independently owned and operated, not dominant in its
    44  field, and employs fifty or fewer persons. My business  is  experiencing
    45  financial hardship, and is unable to pay the mortgage in full because of
    46  one or more of the following:
    47    1. Significant loss of revenue during the COVID-19 pandemic.
    48    2. Significant increase in necessary out-of-pocket expenses related to
    49  providing  personal  protective equipment to employees or purchasing and
    50  installing other protective equipment to  prevent  the  transmission  of
    51  COVID-19 within the business.
    52    3.  Moving  expenses and difficulty in securing an alternative commer-
    53  cial property make it a hardship for the business to relocate to another
    54  commercial property during the COVID-19 pandemic.
    55    4. One or more of my tenants has defaulted on a significant amount  of
    56  their rent payments since March 1, 2020.

        A. 7175--A                         14
 
     1    To  the  extent  that  the  business has lost revenue or had increased
     2  expenses, any public assistance that the business has received since the
     3  start of the COVID-19 pandemic does not fully make up for  the  loss  of
     4  revenue or increased expenses.
     5  Signed:
     6  Printed Name:
     7  Date Signed:
     8  NOTICE:  You  are signing and submitting this form under penalty of law.
     9  That means it is against the law to make a statement on this  form  that
    10  you know is false."
    11    §  29.  Section  2 of subpart C 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", is amended to read as follows:
    14    §  2. This act take effect immediately and shall expire [May 1] August
    15  31, 2021.
    16    § 30. This act shall take effect immediately and shall  be  deemed  to
    17  have  been  in  full force and effect on May 1, 2021; provided, however,
    18  that the amendments to parts A and B of chapter 381 of the laws of  2020
    19  made by this act shall not affect the expiration of such parts and shall
    20  be  repealed  therewith;  and  provided  further, that the amendments to
    21  parts A and B of chapter 73 of the laws of 2021 made by this  act  shall
    22  not  affect  the  expiration of such parts and shall be deemed to expire
    23  therewith.
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