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S06362 Summary:
| BILL NO | S06362A |
| SAME AS | SAME AS A07175-A |
| SPONSOR | KAVANAGH |
| COSPNSR | KAPLAN, 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. | |
S06362 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
No
Lalor
Yes
Paulin
No
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
No
Angelino
Yes
Cook
No
Gallahan
No
Lemondes
Yes
Pheffer Amato
No
Smith
No
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
No
Smullen
Yes
Aubry
No
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
No
Barclay
Yes
Cymbrowitz
No
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
No
Ra
No
Stern
No
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
No
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
Yes
Gottfried
No
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
ER
Dickens
No
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
No
Blankenbush
Yes
Dilan
No
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
No
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
No
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
No
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
No
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
No
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
No
Morinello
Yes
Rozic
Yes
Weinstein
No
Burke
Yes
Fahy
No
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
No
Buttenschon
Yes
Fall
No
Jensen
ER
Nolan
No
Santabarbara
No
Williams
No
Byrne
Yes
Fernandez
No
Jones
No
Norris
No
Sayegh
No
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
No
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S06362 Text:
Go to topSTATE 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. LBD11083-03-1S. 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 orS. 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 [May251] 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 yetS. 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 orS. 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 PANDEMICS. 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 [May491] 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 [May211] 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 mortgageS. 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. IfS. 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 [May551] 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.