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S06362 Summary:

BILL NOS06362A
 
SAME ASSAME AS A07175-A
 
SPONSORKAVANAGH
 
COSPNSRKAPLAN, MYRIE, BAILEY, HOYLMAN, JACKSON, KRUEGER, RIVERA, SALAZAR, SEPULVEDA
 
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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S06362 Actions:

BILL NOS06362A
 
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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S06362 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6362--A
            Cal. No. 796
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     April 23, 2021
                                       ___________
 
        Introduced  by  Sens. KAVANAGH, KAPLAN, MYRIE, BAILEY, HOYLMAN, JACKSON,
          KRUEGER, RIVERA, SALAZAR -- read twice and ordered printed,  and  when
          printed  to be committed to the Committee on Housing, Construction and
          Community Development -- reported favorably from  said  committee  and
          committed  to  the  Committee  on  Rules -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11083-03-1

        S. 6362--A                          2
 
     1  infringes on the use and enjoyment of  other  tenants  or  occupants  or
     2  causes a substantial safety hazard to others.
     3    If  your  landlord has provided you with this form, your landlord must
     4  also provide you with a mailing address and e-mail address to which  you
     5  can  return  this form. If your landlord has already started an eviction
     6  proceeding against you, you can return this form to  either  your  land-
     7  lord,  the court, or both at any time. You should keep a copy or picture
     8  of the signed form for your records. You will still owe any unpaid  rent
     9  to  your  landlord.  You should also keep careful track of what you have
    10  paid and any amount you still owe.
    11    For more information about legal resources that may  be  available  to
    12  you,  go  to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
    13  live in New York City or go  to  www.nycourts.gov/evictions/outside-nyc/
    14  or  call  a local bar association or legal services provider if you live
    15  outside of New York City. Rent relief may be available to you,  and  you
    16  should contact your local housing assistance office.
 
    17        TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
    18  I  am  a tenant, lawful occupant, or other person responsible for paying
    19  rent, use and occupancy, or any other financial obligation under a lease
    20  or tenancy agreement at (address of dwelling unit).
    21  YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR   EVICTION PROTECTION  BY
    22  SELECTING OPTION "A" OR "B", OR BOTH.
 
    23  A.  (  ) I am experiencing financial hardship, and I am unable to pay my
    24  rent or other financial obligations under the lease in  full  or  obtain
    25  alternative  suitable  permanent  housing  because of one or more of the
    26  following:
    27    1. Significant loss of household income during the COVID-19 pandemic.
    28    2. Increase in necessary out-of-pocket expenses related to  performing
    29  essential  work or related to health impacts during the COVID-19 pandem-
    30  ic.
    31    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    32  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    33  have negatively affected my ability or the  ability  of  someone  in  my
    34  household to obtain meaningful employment or earn income or increased my
    35  necessary out-of-pocket expenses.
    36    4.  Moving expenses and difficulty I have securing alternative housing
    37  make it a hardship for me to relocate to another  residence  during  the
    38  COVID-19 pandemic.
    39    5. Other circumstances related to the COVID-19 pandemic have negative-
    40  ly affected my ability to obtain meaningful employment or earn income or
    41  have   significantly   reduced  my  household  income  or  significantly
    42  increased my expenses.
    43  To the extent that  I  have  lost  household  income  or  had  increased
    44  expenses,  any  public  assistance,  including  unemployment  insurance,
    45  pandemic unemployment assistance, disability insurance, or  paid  family
    46  leave,  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

        S. 6362--A                          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 [May 1] August 31, 2021, and
    10  that the law may provide certain protections at that time that are sepa-
    11  rate 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", are amended to read as follows:
    21    § 4. Prohibition on initiation of eviction proceeding.  If there is no
    22  pending eviction proceeding and a tenant provides a hardship declaration
    23  to the landlord or an agent of the landlord, there shall  be  no  initi-
    24  ation  of  an eviction proceeding against the tenant until at least [May
    25  1] August 31, 2021, and in such event any specific time  limit  for  the
    26  commencement  of  an  eviction  proceeding shall be tolled until [May 1]
    27  August 31, 2021.
    28    § 6. Pending proceedings. In  any  eviction  proceeding  in  which  an
    29  eviction  warrant  has  not  been issued, including eviction proceedings
    30  filed on or before March 7, 2020, if  the  tenant  provides  a  hardship
    31  declaration  to the petitioner, the court, or an agent of the petitioner
    32  or the court, the eviction proceeding shall be  stayed  until  at  least
    33  [May 1] August 31, 2021. If such hardship declaration is provided to the
    34  petitioner  or  agent,  such  petitioner or agent shall promptly file it
    35  with the court, advising the court in writing the index  number  of  all
    36  relevant cases.
    37    §  7.  Default  judgments.  No  court  shall  issue  a judgment in any
    38  proceeding authorizing a warrant of eviction against  a  respondent  who
    39  has defaulted, or authorize the enforcement of an eviction pursuant to a
    40  default  judgment, prior to [May 1] August 31, 2021, without first hold-
    41  ing a hearing after the effective date of this act upon  motion  of  the
    42  petitioner.  The  petitioner or an agent of the petitioner shall file an
    43  affidavit attesting that the petitioner or the  petitioner's  agent  has
    44  served  notice  of  the  date,  time,  and  place of such hearing on the
    45  respondent, including a copy of such notice. If a default  judgment  has
    46  been  awarded prior to the effective date of this act, the default judg-
    47  ment shall be removed and the matter restored to the court calendar upon
    48  the respondent's written or oral request to the court either  before  or
    49  during  such  hearing  and  an order to show cause to vacate the default
    50  judgment shall not be required.
    51    § 3. Subdivision a of section 8 of part A of chapter 381 of  the  laws
    52  of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure
    53  Prevention Act of 2020", is amended to read as follows:

        S. 6362--A                          4
 
     1    a. (i) In any eviction proceeding in which  an  eviction  warrant  has
     2  been  issued  prior  to  the effective date of this act, but has not yet
     3  been executed as of the effective date of this act,  including  eviction
     4  proceedings  filed  on or before March 7, 2020, the court shall stay the
     5  execution  of  the  warrant  at  least until the court has held a status
     6  conference with the parties. (ii) In any  eviction  proceeding,  if  the
     7  tenant  provides a hardship declaration to the petitioner, the court, or
     8  an agent of the petitioner or the court, prior to the execution  of  the
     9  warrant, the execution shall be stayed until at least [May 1] August 31,
    10  2021.  If  such  hardship  declaration  is provided to the petitioner or
    11  agent of the petitioner, such petitioner or agent shall promptly file it
    12  with the court, advising the court in writing the index  number  of  all
    13  relevant cases.
    14    §  4.  Subdivision 4 of section 9 of part A of chapter 381 of the laws
    15  of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
    16  Prevention Act of 2020", is amended to read as follows:
    17    4.  If  the petitioner fails to establish that the tenant persistently
    18  and unreasonably engaged in such behavior and the tenant provides or has
    19  provided a hardship declaration to the petitioner, petitioner's agent or
    20  the court, the  court  shall  stay  or  continue  to  stay  any  further
    21  proceedings until at least [May 1] August 31, 2021.
    22    §  5.  Section  13 of part A of chapter 381 of the laws of 2020 estab-
    23  lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act
    24  of 2020", is amended to read as follows:
    25    §  13.  This  act shall take effect immediately and sections one, two,
    26  three, four, five, six, seven, eight, nine, ten and twelve of  this  act
    27  shall expire [May 1] August 31, 2021.
    28    §  6.  Section  2 of subpart A of part B of chapter 381 of the laws of
    29  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    30  Prevention Act of 2020", is amended to read as follows:
    31    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    32  means  the  following statement, or a substantially equivalent statement
    33  in the mortagor's primary language, in 14-point type, published  by  the
    34  office  of court administration, whether in physical or electronic writ-
    35  ten form:
    36    "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
    37  during  the  COVID-19  pandemic,  and you sign and deliver this hardship
    38  declaration form to your mortgage lender or other foreclosing party, you
    39  cannot be foreclosed on until at least [May 1] August 31, 2021.
    40    If your mortgage lender or other foreclosing party provided  you  with
    41  this  form,  the  mortgage  lender  or other foreclosing party must also
    42  provide you with a mailing address and e-mail address to which  you  can
    43  return this form. If you are already in foreclosure proceedings, you may
    44  return  this form to the court. You should keep a copy or picture of the
    45  signed form for your records. You will still  owe  any  unpaid  mortgage
    46  payments  and  lawful  fees to your lender. You should also keep careful
    47  track of what you have paid and any amount you still owe.
    48             MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
    49    I am the mortgagor of the property  at  (address  of  dwelling  unit).
    50  Including  my  primary residence, I own, whether directly or indirectly,
    51  ten or fewer residential dwelling units.  I  am  experiencing  financial
    52  hardship,  and  I am unable to pay my mortgage in full because of one or
    53  more of the following:
    54    1. Significant loss of household income during the COVID-19 pandemic.

        S. 6362--A                          5
 
     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 I have lost household income or had increased  expenses,
    19  any  public assistance, including unemployment insurance, pandemic unem-
    20  ployment assistance, disability insurance, or paid family leave, that  I
    21  have  received  since  the start of the COVID-19 pandemic does not fully
    22  make up for my loss of household income or increased expenses.
    23    I understand that I must comply with all other lawful terms  under  my
    24  mortgage  agreement. I further understand that lawful fees, penalties or
    25  interest for not having paid my mortgage in full as required by my mort-
    26  gage agreement may still be charged or collected and  may  result  in  a
    27  monetary  judgment against me. I also understand that my mortgage lender
    28  or other foreclosing party may pursue a foreclosure action against me on
    29  or after [May 1] August 31, 2021, if I do not fully repay any missed  or
    30  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    §  7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381 of
    38  the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
    39  closure Prevention Act of 2020", are 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    § 7. In any action to foreclose a mortgage in which a judgment of sale
    47  has not been issued, including actions filed on or before March 7, 2020,
    48  if the mortgagor provides a  hardship  declaration  to  the  foreclosing
    49  party, the court, or an agent of the foreclosing party or the court, the
    50  proceeding  shall  be  stayed until at least [May 1] August 31, 2021. If
    51  such hardship declaration is provided to the foreclosing party or  agent
    52  of the foreclosing party, such foreclosing party or agent shall promptly
    53  file  it  with the court, advising the court in writing the index number
    54  of all relevant cases.
    55    § 8. In any action to foreclose a mortgage in which a judgment of sale
    56  has been issued prior to the effective date of this act but has not  yet

        S. 6362--A                          6
 
     1  been  executed  as  of the effective date of this act, including actions
     2  filed on or before March 7, 2020, the court shall stay the execution  of
     3  the  judgment at least until the court has held a status conference with
     4  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
     5  provides a hardship declaration to the foreclosing party, the court,  or
     6  an  agent  of the foreclosing party or the court, prior to the execution
     7  of the judgment, the execution shall be stayed until at  least  [May  1]
     8  August  31, 2021.  If such hardship declaration is provided to the fore-
     9  closing party or agent of the foreclosing party, such foreclosing  party
    10  or  agent  shall  promptly file it with the court, advising the court in
    11  writing the index number of all relevant cases.
    12    § 12. This act shall take effect immediately and  sections  one,  two,
    13  three,  four, five, six, seven, eight, nine and eleven of this act shall
    14  expire [May 1] August 31, 2021.
    15    § 8. Subdivision 3 of section 2 of subpart B 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    3. "Hardship Declaration" means the following statement, or a substan-
    19  tially equivalent statement in the owner's primary language, in 14-point
    20  type, whether in physical or electronic written form:
    21    "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    22    I am the owner of the property at (address).    Including  my  primary
    23  residence,  I own, whether directly or indirectly, ten or fewer residen-
    24  tial dwelling units.  I am experiencing financial  hardship,  and  I  am
    25  unable to pay my full tax bill because of one or more of the 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    6.  One or more of my tenants has defaulted on a significant amount of
    43  their rent payments since March 1, 2020.
    44    To the extent that I have  lost  household  income  or  had  increased
    45  expenses,  any  public  assistance,  including  unemployment  insurance,
    46  pandemic unemployment assistance, disability insurance, or  paid  family
    47  leave,  that  I  have  received since the start of the COVID-19 pandemic
    48  does not fully make up for my loss  of  household  income  or  increased
    49  expenses.
    50    I  understand  that  lawful fees, penalties or interest for not having
    51  paid my taxes in full may still be charged or collected and  may  result
    52  in  a foreclosure action against me on or after [May 1] August 31, 2021,
    53  if I do not fully repay any missed or partial payments and fees.
    54  Signed:
    55  Printed Name:
    56  Date Signed:

        S. 6362--A                          7
 
     1  NOTICE: You are signing and submitting this form under penalty  of  law.
     2  That  means  it is against the law to make a statement on this form that
     3  you know is false."
     4    §  9. Subdivision 3 of section 3 of subpart B of part B of chapter 381
     5  of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
     6  Foreclosure Prevention Act of 2020", is amended to read as follows:
     7    3.  The  submission  of  such  a  declaration, unless withdrawn by the
     8  owner, shall act as a temporary stay  applicable  to  all  entities  and
     9  persons  of  all  such  tax  lien  sales and tax foreclosure actions and
    10  proceedings  against  such  owner  for  such  property  that  have  been
    11  commenced or could have been commenced before [May 1] August 31, 2021.
    12    §  10.  Section 4 of subpart B of part B of chapter 381 of the laws of
    13  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    14  Prevention Act of 2020", is amended to read as follows:
    15    §  4.  This act shall take effect immediately and sections one and two
    16  and subdivisions one, two, three, four and five of section  three  shall
    17  expire [May 1] August 31, 2021.
    18    § 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
    19  of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
    20  Foreclosure Prevention Act of 2020", is amended to read as follows:
    21    2. Hardship declaration. For purposes of this act, "hardship  declara-
    22  tion"  shall mean the following statement, or a substantially equivalent
    23  statement in the owner or  mortgagor's  primary  language,  in  14-point
    24  type, whether in physical or electronic written form, and the department
    25  of  financial  services shall publish a copy of the hardship declaration
    26  on its website:
    27    "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
    28  costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
    29  ship declaration  form  to  your  lending  institution,  you  cannot  be
    30  discriminated  against  in the determination of whether credit should be
    31  extended or reported negatively to a credit reporting  agency  until  at
    32  least [May 1] August 31, 2021.
    33    If  a  lending  institution  provided  you with this form, the lending
    34  institution must also provide you with  a  mailing  address  and  e-mail
    35  address  to  which  you  can return this form. You should keep a copy or
    36  picture of the signed form for your records.
    37    OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    38    I am the OWNER/MORTGAGOR of  the  property  at  (address  of  dwelling
    39  unit).  Including my primary residence, I own, whether directly or indi-
    40  rectly,  ten  or  fewer  residential dwelling units.   I am experiencing
    41  financial hardship, and I am unable to pay my mortgage in  full  because
    42  of one or more of the following:
    43    1. Significant loss of household income during the COVID-19 pandemic.
    44    2.  Increase in necessary out-of-pocket expenses related to performing
    45  essential work or related to health impacts during the COVID-19  pandem-
    46  ic.
    47    3.  Childcare  responsibilities  or  responsibilities  to  care for an
    48  elderly, disabled, or sick family member during  the  COVID-19  pandemic
    49  have  negatively  affected  my  ability  or the ability of someone in my
    50  household to obtain meaningful employment or earn income or increased my
    51  necessary out-of-pocket expenses.
    52    4. Moving expenses and difficulty I have securing alternative  housing
    53  make  it  a  hardship for me to relocate to another residence during the
    54  COVID-19 pandemic.
    55    5. Other circumstances related to the COVID-19 pandemic have negative-
    56  ly affected my ability to obtain meaningful employment or earn income or

        S. 6362--A                          8
 
     1  have  significantly  reduced  my  household  income   or   significantly
     2  increased my expenses.
     3    6.  One or more of my tenants has defaulted on a significant amount of
     4  their rent payments since March 1, 2020.
     5    To the extent that I have  lost  household  income  or  had  increased
     6  expenses,  any  public  assistance,  including  unemployment  insurance,
     7  pandemic unemployment assistance, disability insurance, or  paid  family
     8  leave,  that  I  have  received since the start of the COVID-19 pandemic
     9  does not fully make up for my loss  of  household  income  or  increased
    10  expenses.
    11  Signed:
    12  Printed Name:
    13  Date Signed:
    14  NOTICE:  You  are signing and submitting this form under penalty of law.
    15  That means it is against the law to make a statement on this  form  that
    16  you know is false."
    17    §  12.  Section 2 of subpart C of part B of chapter 381 of the laws of
    18  2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
    19  Prevention Act of 2020", is amended to read as follows:
    20    §  2. This act take effect immediately and shall expire [May 1] August
    21  31, 2021.
    22    § 13. Section 2 of subpart D 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", is amended to read as follows:
    25    § 2. This act shall take effect immediately and shall expire  [May  1]
    26  August 31, 2021. This act shall be deemed to have been in full force and
    27  effect on and after March 7, 2020.
    28    §  14.  Subdivision 4 of section 1 of part A of chapter 73 of the laws
    29  of 2021 establishing  the  "COVID-19 Emergency Protect Our  Small  Busi-
    30  nesses Act of 2021", is amended to read as follows:
    31    4. "Hardship declaration" means the following statement, or a substan-
    32  tially  equivalent  statement  in  the  language in which the commercial
    33  lease or tenancy agreement was written or negotiated, in 14-point  type,
    34  published  by the office of court administration, whether in physical or
    35  electronic written form:
    36    "NOTICE TO COMMERCIAL TENANT:  If you have lost significant revenue or
    37  had significantly increased necessary costs during the COVID-19  pandem-
    38  ic,  and  you  sign  and  deliver this hardship declaration form to your
    39  landlord, you cannot be evicted until at least [May 1] August  31,  2021
    40  for  nonpayment of rent or for holding over after the expiration of your
    41  lease. You may still be evicted for violating your lease by persistently
    42  and unreasonably engaging in behavior that  substantially  infringes  on
    43  the use and enjoyment of other tenants or occupants or causes a substan-
    44  tial safety hazard to others.
    45    If  your  landlord has provided you with this form, your landlord must
    46  also provide you with a mailing address and e-mail address to which  you
    47  can  return  this form. If your landlord has already started an eviction
    48  proceeding against you, you can return this form to  either  your  land-
    49  lord,  the court, or both at any time. You should keep a copy or picture
    50  of the signed form for your records. You will still owe any unpaid  rent
    51  to  your  landlord.  You should also keep careful track of what you have
    52  paid and any amount you still owe.

    53           COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
    54                              COVID-19 PANDEMIC

        S. 6362--A                          9
 
     1  I am the owner, chief executive officer, president, or  similar  officer
     2  of  (name  of  business), in which is a commercial tenant at (address of
     3  commercial unit).  My business is resident in New York state,  independ-
     4  ently  owned  and operated, not dominant in its field, and employs fifty
     5  or  fewer persons.   My business is experiencing financial hardship, and
     6  is unable to pay the rent or other financial obligations under the lease
     7  in full or obtain an alternative suitable commercial property 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  location during the COVID-19 pandemic.
    17    To the extent the business has lost revenue or had increased expenses,
    18  any  public  assistance the business has received since the start of the
    19  COVID-19 pandemic does not fully make up  for  the  business's  loss  of
    20  revenue or increased expenses.
 
    21  I  understand  that the business must comply with all other lawful terms
    22  under its commercial tenancy, lease agreement  or  similar  contract.  I
    23  further  understand  that  lawful  fees,  penalties  or interest for not
    24  having paid rent in full or met other financial obligations as  required
    25  by the commercial tenancy, lease agreement or similar contract may still
    26  be  charged  or  collected  and  may  result in a monetary judgment.   I
    27  further understand that the landlord may be able to seek eviction  after
    28  [May  1]  August  31,  2021,  and  that  the  law  may  provide  certain
    29  protections at that time that are separate from those available  through
    30  this declaration.
 
    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    §  15.    Section 2 of part A of chapter 73 of the laws of 2021 estab-
    38  lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
    39  2021", is amended to read as follows:
    40    §  2.  No commercial tenant shall be removed from the possession prior
    41  to [May 1] August 31, 2021, except by an eviction proceeding.
    42    § 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
    43  ing the "COVID-19 Emergency Protect Our Small Businesses Act  of  2021",
    44  is amended to read as follows:
    45    § 5. Prohibition on initiation of eviction proceeding.  If there is no
    46  pending eviction proceeding and a tenant provides a hardship declaration
    47  to  the  landlord  or an agent of the landlord, there shall be no initi-
    48  ation of an eviction proceeding against the tenant until at  least  [May
    49  1]  August  31,  2021, and in such event any specific time limit for the
    50  commencement of an eviction proceeding shall be  tolled  until  [May  1]
    51  August 31, 2021.

        S. 6362--A                         10
 
     1    § 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
     2  ing  the  "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
     3  is amended to read as follows:
     4    §  7.  Pending  proceedings.  In  any  eviction proceeding in which an
     5  eviction warrant or judgment of possession or  ejectment  has  not  been
     6  issued, including eviction proceedings filed on or before March 7, 2020,
     7  if  the  tenant  provides  a  hardship  declaration to the petitioner or
     8  plaintiff, the court, or an agent of the petitioner or plaintiff or  the
     9  court,  the  eviction  proceeding shall be stayed until at least [May 1]
    10  August 31, 2021. If such hardship declaration is provided to  the  peti-
    11  tioner  or  plaintiff  or  agent,  such petitioner or plaintiff or agent
    12  shall promptly file it with the court, advising the court in writing the
    13  index number of all relevant cases.
    14    § 18. Paragraph (ii) of subdivision a of section 8 of part A of  chap-
    15  ter  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect
    16  Our Small Businesses Act of 2021", is amended to read as follows:
    17    (ii) In any eviction proceeding, if the  tenant  provides  a  hardship
    18  declaration  to  the  petitioner or plaintiff, the court, or an agent of
    19  the petitioner or plaintiff or the court, prior to the execution of  the
    20  warrant  or  judgment, the execution shall be stayed until at least [May
    21  1] August 31, 2021.  If such hardship declaration  is  provided  to  the
    22  petitioner  or  plaintiff  or agent of the petitioner or plaintiff, such
    23  petitioner or plaintiff or agent shall promptly file it with the  court,
    24  advising the court in writing the index number of all relevant cases.
    25    §  19.  Subdivision 4 of section 9 of part A of chapter 73 of the laws
    26  of 2021 establishing the "COVID-19 Emergency  Protect  Our  Small  Busi-
    27  nesses Act of 2021", is amended to read as follows:
    28    4.  If  the petitioner or plaintiff fails to establish that the tenant
    29  persistently and unreasonably engaged in such behavior  and  the  tenant
    30  provides  or  has  provided  a  hardship  declaration to the petitioner,
    31  petitioner's or plaintiff's agent or the court, the court shall stay  or
    32  continue  to  stay any further proceedings until at least [May 1] August
    33  31, 2021.
    34    § 20. Section 13 of part A of chapter 73 of the laws  of  2021  estab-
    35  lishing  the  "COVID-19  Emergency  Protect  Our Small Businesses Act of
    36  2021", is amended to read as follows:
    37    § 13. This act shall take effect immediately and  sections  one,  two,
    38  three,  four,  five, six, seven, eight, nine, ten and twelve of this act
    39  shall expire [May 1] August 31, 2021.
    40    § 21. Section 2 of subpart A  of part B of chapter 73 of the  laws  of
    41  2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
    42  Act of 2021", is amended to read as follows:
    43    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    44  means the following statement in 14-point type, published by the  office
    45  of court administration, whether in physical or electronic written form:
    46    "NOTICE  TO COMMERCIAL MORTGAGOR: If you have lost significant revenue
    47  or had significantly  increased  necessary  costs  during  the  COVID-19
    48  pandemic,  and  you  sign  and deliver this hardship declaration form to
    49  your mortgage lender or other foreclosing party,  you  cannot  be  fore-
    50  closed on until at least [May 1] August 31, 2021.
    51    If  your  mortgage lender or other foreclosing party provided you with
    52  this form, the mortgage lender or  other  foreclosing  party  must  also
    53  provide  you  with a mailing address and e-mail address to which you can
    54  return this form. If you are already in foreclosure proceedings, you may
    55  return this form to the court. You should keep a copy or picture of  the
    56  signed  form  for  your  records. You will still owe any unpaid mortgage

        S. 6362--A                         11
 
     1  payments and lawful fees to your lender. You should  also  keep  careful
     2  track of what you have paid and any amount you still owe.
     3        COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
     4    I am the owner, chief executive officer, president, or similar officer
     5  of  (name  of  the  business), which is the mortgagor of the property at
     6  (address of commercial unit).   My business owns,  whether  directly  or
     7  indirectly,  ten  or fewer commercial units.  My business is resident in
     8  New York State, independently owned and operated, not  dominant  in  its
     9  field,  and  employs fifty or fewer persons. My business is experiencing
    10  financial hardship and is unable to pay the mortgage in full because  of
    11  one or more of the following:
    12    1. Significant loss of revenue during the COVID-19 pandemic.
    13    2.  Significant  increase  in  necessary expenses related to providing
    14  personal protective equipment to employees or purchasing and  installing
    15  other protective equipment to prevent the transmission of COVID-19 with-
    16  in the business.
    17    3.  Moving  expenses and difficulty in securing an alternative commer-
    18  cial property make it a hardship for the business to relocate to another
    19  property during the COVID-19 pandemic.
    20    4. One or more of the business's tenants has defaulted  on  a  signif-
    21  icant amount of their rent payments since March 1, 2020.
    22    To  the  extent  that  the  business has lost revenue or had increased
    23  expenses, any public assistance the  business  has  received  since  the
    24  start of the COVID-19 pandemic does not fully make up for the business's
    25  loss of revenue or increased expenses.
    26    I understand that the business must comply with all other lawful terms
    27  under my commercial mortgage agreement. I further understand that lawful
    28  fees,  penalties or interest for not having paid the mortgage in full as
    29  required by the commercial mortgage agreement may still  be  charged  or
    30  collected and may result in a monetary judgment.  I also understand that
    31  the  mortgage lender or other foreclosing party may pursue a foreclosure
    32  action against the business on or after [May 1] August 31, 2021, if I do
    33  not fully repay any missed or partial payments and lawful fees.
    34  Signed:
    35  Printed Name:
    36  Date Signed:
    37  NOTICE: You are signing and submitting this form under penalty  of  law.
    38  That  means  it is against the law to make a statement on this form that
    39  you know is false."
    40    § 22. Section 5 of subpart A  of part B of chapter 73 of the  laws  of
    41  2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
    42  Act of 2021", is amended to read as follows:
    43    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    44  party or an agent of the foreclosing party, there shall be no initiation
    45  of an action to foreclose a mortgage  against  the  mortgagor  until  at
    46  least [May 1] August 31, 2021, and in such event any specific time limit
    47  for  the  commencement  of  an  action  to foreclose a mortgage shall be
    48  tolled until [May 1] August 31, 2021.
    49    § 23. Sections 7 and 8 of subpart A  of part B of chapter  73  of  the
    50  laws  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small
    51  Businesses Act of 2021", are amended to read as follows:
    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 [May 1] August 31, 2021. If

        S. 6362--A                         12
 
     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  [May  1]
    14  August  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    § 24. Section 12 of subpart A of part B of chapter 73 of the  laws  of
    19  2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
    20  Act of 2021", is amended to read as follows:
    21    § 12. This act shall take effect immediately and  sections  one,  two,
    22  three,  four, five, six, seven, eight, nine and eleven of this act shall
    23  expire [May 1] August 31, 2021.
    24    § 25.  Subdivision 3 of section 2 of subpart B  of part B  of  chapter
    25  73  of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
    26  Small Businesses Act of 2021", is amended to read as follows:
    27    3. "Hardship Declaration" means the following  statement  in  14-point
    28  type, whether in physical or electronic written form:
    29         "COMMERCIAL OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    30  I  am  the owner, chief executive officer, president, or similar officer
    31  of (name of the business), which is the owner of the commercial property
    32  at (address).  My business owns, whether directly or indirectly, ten  or
    33  fewer  commercial  units.    My  business is resident in New York State,
    34  independently owned and operated, not dominant in its field, and employs
    35  fifty or fewer persons.  My business is experiencing financial hardship,
    36  and is unable to pay its full tax bill because of one  or  more  of  the
    37  following:
    38    1. Significant loss of revenue during the COVID-19 pandemic.
    39    2.  Significant  increase  in  necessary expenses related to providing
    40  personal protective equipment to employees or purchasing and  installing
    41  other protective equipment to prevent the transmission of COVID-19 with-
    42  in the business.
    43    3.  Moving  expenses and difficulty in securing an alternative commer-
    44  cial property make it a hardship for the business to relocate to another
    45  property during the COVID-19 pandemic.
    46    4. One or more of the business's tenants has defaulted  on  a  signif-
    47  icant amount of their rent payments since March 1, 2020.
    48    To  the  extent  that  the  business has lost revenue or had increased
    49  expenses, any public assistance that the business has received since the
    50  start of the COVID-19 pandemic does not fully make up for  the  loss  of
    51  revenue or increased expenses.
    52    I  understand  that  lawful fees, penalties or interest for not having
    53  paid the business's taxes in full may still be charged or collected  and
    54  may result in a foreclosure action against the business on or after [May
    55  1]  August  31, 2021, if the business does not fully repay any missed or
    56  partial payments and fees.

        S. 6362--A                         13
 
     1  Signed:
     2  Printed Name:
     3  Date Signed:
     4  NOTICE:  You  are signing and submitting this form under penalty of law.
     5  That means it is against the law to make a statement on this  form  that
     6  you know is false."
     7    §  26.   Subdivision 3 of section 3 of subpart B  of part B of chapter
     8  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect  Our
     9  Small Businesses Act of 2021", is amended to read as follows:
    10    3.  The  submission  of  such  a  declaration, unless withdrawn by the
    11  owner, shall act as a temporary stay  applicable  to  all  entities  and
    12  persons  of  all  such  tax  lien  sales and tax foreclosure actions and
    13  proceedings  against  such  owner  for  such  property  that  have  been
    14  commenced or could have been commenced before [May 1] August 31, 2021.
    15    §  27.  Section 4 of subpart B  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", is amended to read as follows:
    18    §  4.  This act shall take effect immediately and sections one and two
    19  and subdivisions one, two, three, four and five of section  three  shall
    20  expire [May 1] August 31, 2021.
    21    §  28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
    22  of the laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our
    23  Small Businesses Act of 2021", is amended to read as follows:
    24    2.  Hardship declaration. For purposes of this act, "hardship declara-
    25  tion" shall mean the following statement in 14-point  type,  whether  in
    26  physical  or  electronic  written  form, and the department of financial
    27  services shall publish  a  copy  of  the  hardship  declaration  on  its
    28  website:
    29    "NOTICE  TO  COMMERCIAL  OWNER/MORTGAGOR: If you have lost significant
    30  revenue or had  significantly  increased  necessary  costs  due  to  the
    31  COVID-19  pandemic,  and  you sign and deliver this hardship declaration
    32  form to your lending institution, you cannot be discriminated against in
    33  the determination of whether credit should be extended or reported nega-
    34  tively to a credit reporting agency until at least [May  1]  August  31,
    35  2021.
    36    If  a  lending  institution  provided  you with this form, the lending
    37  institution must also provide you with  a  mailing  address  and  e-mail
    38  address  to  which  you  can return this form. You should keep a copy or
    39  picture of the signed form for your records.
    40    COMMERCIAL OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    41    I am the owner, chief executive officer, president, or similar officer
    42  of (name of the business), which is the OWNER/MORTGAGOR of the  property
    43  at  (address of commercial unit).  My business owns, whether directly or
    44  indirectly, ten or fewer commercial units.  My business is  resident  in
    45  New  York  State,  independently owned and operated, not dominant in its
    46  field, and employs fifty or fewer persons. My business  is  experiencing
    47  financial hardship, and is unable to pay the mortgage in full because of
    48  one or more of the following:
    49    1. Significant loss of revenue during the COVID-19 pandemic.
    50    2. Significant increase in necessary out-of-pocket expenses related to
    51  providing  personal  protective equipment to employees or purchasing and
    52  installing other protective equipment to  prevent  the  transmission  of
    53  COVID-19 within the business.
    54    3.  Moving  expenses and difficulty in securing an alternative commer-
    55  cial property make it a hardship for the business to relocate to another
    56  commercial property during the COVID-19 pandemic.

        S. 6362--A                         14

     1    4. 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  the  business has lost revenue or had increased
     4  expenses, any public assistance that the business has received since the
     5  start of the COVID-19 pandemic does not fully make up for  the  loss  of
     6  revenue or increased expenses.
     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    §  29.  Section  2 of subpart C 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    §  2. This act take effect immediately and shall expire [May 1] August
    17  31, 2021.
    18    § 30. This act shall take effect immediately and shall  be  deemed  to
    19  have  been  in  full force and effect on May 1, 2021; provided, however,
    20  that the amendments to parts A and B of chapter 381 of the laws of  2020
    21  made by this act shall not affect the expiration of such parts and shall
    22  be  repealed  therewith;  and  provided  further, that the amendments to
    23  parts A and B of chapter 73 of the laws of 2021 made by this  act  shall
    24  not  affect  the  expiration of such parts and shall be deemed to expire
    25  therewith.
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