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A10290 Summary:

BILL NOA10290B
 
SAME ASSAME AS S08192-B
 
SPONSORDinowitz
 
COSPNSRSeawright, Epstein, Lentol, Simotas, Jaffee, Gottfried, Ortiz, Ramos, Simon, Otis, Bichotte, Rosenthal L, Mosley, DenDekker, Colton, Perry, Reyes, Blake, Jacobson, Frontus, Glick, Weinstein, Bronson, Fall
 
MLTSPNSR
 
 
Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.
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A10290 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10290--B
 
                   IN ASSEMBLY
 
                                      April 8, 2020
                                       ___________
 
        Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
          JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once  and  referred  to
          the  Committee  on  Judiciary  --  committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee

        AN ACT in relation to prohibiting the eviction  of  residential  tenants
          who have suffered financial hardship during the COVID-19 covered peri-
          od
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. For the purposes of this  act,  "COVID-19  covered  period"
     2  means  March 7, 2020 until the date on which none of the provisions that
     3  closed or otherwise restricted public or private businesses or places of
     4  public accommodation, or required postponement or  cancellation  of  all
     5  non-essential  gatherings  of  individuals of any size for any reason in
     6  Executive Orders 202.3,  202.4,  202.5,  202.6,  202.7,  202.8,  202.10,
     7  202.11,  202.13  or  202.14,  as extended by Executive Orders 202.28 and
     8  202.31 and as further extended by any future Executive Order, issued  in
     9  response to the COVID-19 pandemic continue to apply in the county of the
    10  tenant's or lawful occupant's residence.
    11    § 2. Notwithstanding any provision of law to the contrary:
    12    1.  No  court  shall  issue  a  warrant  of  eviction  or  judgment of
    13  possession against a residential tenant or other  lawful  occupant  that
    14  has suffered a financial hardship during the COVID-19 covered period for
    15  the  non-payment of rent that accrues or becomes due during the COVID-19
    16  covered period.
    17    2. (a) A tenant or lawful occupant may raise financial hardship during
    18  the COVID-19 covered period as a defense in a summary  proceeding  under
    19  article 7 of the real property actions and proceedings law.
    20    (b)  In  determining  whether  a  tenant or lawful occupant suffered a
    21  financial hardship during the COVID-19 covered period, the  court  shall
    22  consider, among other relevant factors:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16113-12-0

        A. 10290--B                         2
 
     1    (i)  the  tenant's  or  lawful occupant's income prior to the COVID-19
     2  covered period;
     3    (ii)  the  tenant's  or  lawful  occupant's income during the COVID-19
     4  covered period;
     5    (iii) the tenant's or lawful occupant's liquid assets; and
     6    (iv) the tenant's or lawful occupant's eligibility for and receipt  of
     7  cash assistance, supplemental nutrition assistance program, supplemental
     8  security  income, the New York State disability program, the home energy
     9  assistance program, or unemployment insurance or benefits under state or
    10  federal law.
    11    3. This act shall not prohibit any court from awarding a judgment  for
    12  the  rent due and owing to a successful petitioner in a summary proceed-
    13  ing under article 7 of the real property actions and proceedings law.
    14    § 3. This act shall take effect immediately.
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