- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A11181 Summary:
BILL NO | A11181 |
  | |
SAME AS | SAME AS S09114 |
  | |
SPONSOR | Rules (Dinowitz) |
  | |
COSPNSR | Cymbrowitz, Heastie, Reyes, Richardson, Epstein, Gottfried, Lentol, Weinstein, Nolan, Abbate, Glick, Aubry, Cahill, Perry, Ortiz, Colton, Ramos, Benedetto, Jaffee, Rosenthal L, DenDekker, Thiele, Bronson, Rodriguez, Simotas, Weprin, Quart, Kim, Mosley, Davila, Pichardo, Blake, Seawright, Simon, Hyndman, Carroll, De La Rosa, Niou, Vanel, Taylor, Cruz, Darling, Fernandez, Anderson, Burgos, Jacobson, Barnwell, Bichotte, Frontus, Walker, Zebrowski, Barron, Clark, Rivera, Meeks |
  | |
MLTSPNSR | |
  | |
  | |
Establishes the COVID-19 Emergency Eviction and Foreclosure Prevention Act; relates to eviction proceedings (Part A); relates to foreclosure proceedings (Subpart A); relates to tax sales (Subpart B); establishes hardship declarations for owners of residential real property (Subpart C); authorizes every governing body of an assessing unit and local assessor to extend to the 2021 assessment roll, the renewal of the exemptions received on the 2020 assessment roll (Subpart D) (Part B). |
A11181 Actions:
BILL NO | A11181 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | |||||||||||||||||||||||||||||||||||||||||||||||||||
12/24/2020 | referred to judiciary | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | reported referred to rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | rules report cal.364 | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | ordered to third reading rules cal.364 | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | motion to amend lost | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | ruling of chair on point of order | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | ruling of chair on point of order | ||||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2020 | substituted by s9114 | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | S09114 AMEND= KAVANAGH | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/24/2020 | REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | ORDERED TO THIRD READING CAL.1034 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | substituted for a11181 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | ordered to third reading rules cal.364 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 12/28/2020 | SIGNED CHAP.381 |
A11181 Committee Votes:
Dinowitz | Aye | Palumbo | Nay | ||||||
Lavine | Aye | Montesano | Nay | ||||||
Zebrowski | Aye | Goodell | Nay | ||||||
Weprin | Aye | Norris | Nay | ||||||
Braunstein | Aye | Walsh | Nay | ||||||
Simotas | Aye | Byrnes | Nay | ||||||
Quart | Aye | ||||||||
Buchwald | Aye | ||||||||
Steck | Aye | ||||||||
Seawright | Aye | ||||||||
Joyner | Aye | ||||||||
Abinanti | Aye | ||||||||
Wright | Aye | ||||||||
Wallace | Aye | ||||||||
Walker | Aye | ||||||||
Heastie | Aye | Barclay | Nay | ||||||
Gottfried | Aye | Crouch | Nay | ||||||
Lentol | Aye | Finch | Excused | ||||||
Nolan | Aye | Hawley | Nay | ||||||
Weinstein | Aye | Giglio | Nay | ||||||
Ortiz | Aye | Malliotakis | Nay | ||||||
Pretlow | Aye | Blankenbush | Nay | ||||||
Cook | Aye | Norris | Nay | ||||||
Glick | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Go to top
A11181 Floor Votes:
No
Abbate
No
Carroll
Yes
Fitzpatrick
ER
Lawrence
Yes
Palmesano
No
Seawright
No
Abinanti
No
Clark
Yes
Friend
No
Lentol
Yes
Palumbo
No
Simon
No
Anderson
No
Colton
No
Frontus
No
Lifton
No
Paulin
No
Simotas
No
Arroyo
No
Cook
No
Galef
Yes
LiPetri
No
Peoples-Stokes
Yes
Smith
Yes
Ashby
Yes
Crouch
Yes
Garbarino
No
Lupardo
No
Perry
Yes
Smullen
No
Aubry
No
Cruz
Yes
Giglio
No
Magnarelli
No
Pheffer Amato
No
Solages
Yes
Barclay
Yes
Cusick
No
Glick
Yes
Malliotakis
No
Pichardo
Yes
Stec
No
Barnwell
No
Cymbrowitz
Yes
Goodell
Yes
Manktelow
No
Pretlow
No
Steck
No
Barrett
No
Darling
No
Gottfried
No
McDonald
No
Quart
Yes
Stern
No
Barron
No
Davila
Yes
Griffin
Yes
McDonough
Yes
Ra
Yes
Stirpe
No
Benedetto
No
De La Rosa
Yes
Gunther
No
McMahon
Yes
Ramos
Yes
Tague
No
Bichotte
No
DenDekker
Yes
Hawley
No
Meeks
Yes
Reilly
No
Taylor
No
Blake
Yes
DeStefano
No
Hevesi
Yes
Mikulin
No
Reyes
No
Thiele
Yes
Blankenbush
No
Dickens
No
Hunter
Yes
Miller B
No
Richardson
No
Vanel
Yes
Brabenec
No
Dilan
No
Hyndman
No
Miller MG
No
Rivera
Yes
Walczyk
No
Braunstein
No
Dinowitz
No
Jacobson
Yes
Miller ML
No
Rodriguez
No
Walker
No
Bronson
Yes
DiPietro
No
Jaffee
Yes
Montesano
No
Rosenthal D
Yes
Wallace
Yes
Brown
ER
D'Urso
No
Jean-Pierre
Yes
Morinello
No
Rosenthal L
Yes
Walsh
No
Buchwald
Yes
Eichenstein
Yes
Johns
No
Mosley
No
Rozic
No
Weinstein
No
Burgos
No
Englebright
Yes
Jones
No
Niou
No
Ryan
No
Weprin
Yes
Burke
No
Epstein
No
Joyner
No
Nolan
Yes
Salka
No
Williams
Yes
Buttenschon
No
Fahy
No
Kim
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Byrne
No
Fall
Yes
Kolb
No
O'Donnell
Yes
Sayegh
No
Wright
Yes
Byrnes
No
Fernandez
Yes
Lalor
No
Ortiz
ER
Schimminger
No
Zebrowski
No
Cahill
ER
Finch
No
Lavine
No
Otis
Yes
Schmitt
No
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Carroll
No
Fitzpatrick
ER
Lawrence
No
Palmesano
Yes
Seawright
Yes
Abinanti
Yes
Clark
No
Friend
Yes
Lentol
No
Palumbo
Yes
Simon
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Lifton
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Cook
Yes
Galef
No
LiPetri
Yes
Peoples-Stokes
No
Smith
No
Ashby
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Perry
No
Smullen
Yes
Aubry
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pheffer Amato
Yes
Solages
No
Barclay
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pichardo
No
Stec
Yes
Barnwell
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Pretlow
Yes
Steck
No
Barrett
Yes
Darling
Yes
Gottfried
Yes
McDonald
Yes
Quart
No
Stern
Yes
Barron
Yes
Davila
No
Griffin
No
McDonough
No
Ra
Yes
Stirpe
Yes
Benedetto
Yes
De La Rosa
No
Gunther
No
McMahon
No
Ramos
No
Tague
Yes
Bichotte
Yes
DenDekker
No
Hawley
Yes
Meeks
No
Reilly
Yes
Taylor
Yes
Blake
No
DeStefano
Yes
Hevesi
No
Mikulin
Yes
Reyes
No
Thiele
No
Blankenbush
Yes
Dickens
Yes
Hunter
No
Miller B
Yes
Richardson
Yes
Vanel
No
Brabenec
Yes
Dilan
Yes
Hyndman
Yes
Miller MG
Yes
Rivera
No
Walczyk
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobson
No
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Bronson
No
DiPietro
Yes
Jaffee
No
Montesano
Yes
Rosenthal D
No
Wallace
No
Brown
ER
D'Urso
Yes
Jean-Pierre
No
Morinello
Yes
Rosenthal L
No
Walsh
Yes
Buchwald
Yes
Eichenstein
No
Johns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Burgos
Yes
Englebright
No
Jones
Yes
Niou
Yes
Ryan
Yes
Weprin
No
Burke
Yes
Epstein
Yes
Joyner
Yes
Nolan
No
Salka
Yes
Williams
No
Buttenschon
Yes
Fahy
Yes
Kim
No
Norris
No
Santabarbara
No
Woerner
No
Byrne
Yes
Fall
No
Kolb
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Byrnes
Yes
Fernandez
No
Lalor
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
Yes
Lavine
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Carroll
No
Fitzpatrick
ER
Lawrence
No
Palmesano
Yes
Seawright
Yes
Abinanti
Yes
Clark
No
Friend
Yes
Lentol
No
Palumbo
Yes
Simon
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Lifton
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Cook
Yes
Galef
No
LiPetri
Yes
Peoples-Stokes
No
Smith
No
Ashby
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Perry
No
Smullen
Yes
Aubry
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pheffer Amato
Yes
Solages
No
Barclay
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pichardo
No
Stec
Yes
Barnwell
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Darling
Yes
Gottfried
Yes
McDonald
Yes
Quart
Yes
Stern
Yes
Barron
Yes
Davila
Yes
Griffin
No
McDonough
No
Ra
Yes
Stirpe
Yes
Benedetto
Yes
De La Rosa
No
Gunther
Yes
McMahon
Yes
Ramos
No
Tague
Yes
Bichotte
Yes
DenDekker
No
Hawley
Yes
Meeks
No
Reilly
Yes
Taylor
Yes
Blake
No
DeStefano
Yes
Hevesi
No
Mikulin
Yes
Reyes
Yes
Thiele
No
Blankenbush
Yes
Dickens
Yes
Hunter
No
Miller B
Yes
Richardson
Yes
Vanel
No
Brabenec
Yes
Dilan
Yes
Hyndman
Yes
Miller MG
Yes
Rivera
No
Walczyk
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobson
No
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Bronson
No
DiPietro
Yes
Jaffee
No
Montesano
Yes
Rosenthal D
No
Wallace
No
Brown
ER
D'Urso
Yes
Jean-Pierre
No
Morinello
Yes
Rosenthal L
No
Walsh
Yes
Buchwald
No
Eichenstein
No
Johns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Burgos
Yes
Englebright
No
Jones
Yes
Niou
Yes
Ryan
Yes
Weprin
No
Burke
Yes
Epstein
Yes
Joyner
Yes
Nolan
No
Salka
Yes
Williams
No
Buttenschon
Yes
Fahy
Yes
Kim
No
Norris
No
Santabarbara
Yes
Woerner
No
Byrne
Yes
Fall
No
Kolb
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Byrnes
Yes
Fernandez
No
Lalor
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
Yes
Lavine
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A11181 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A11181 SPONSOR: Rules (Dinowitz)
  TITLE OF BILL: An act establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020"; in relation to eviction proceedings; and to provide for the expiration of certain provisions upon the expiration thereof (Part A); in relation to foreclosure proceedings; and providing for the expiration of certain provisions upon the expiration thereof (Subpart A); in relation to tax sales; and providing for the expiration of certain provisions upon the expiration thereof (Subpart B); to estab- lish hardship declarations for owners of residential real property; and providing for the expiration of such provisions upon the expiration thereof (Subpart C); and to authorize every governing body of an assess- ing unit and local assessor to extend to the 2021 assessment roll, the renewal of the exemptions received on the 2020 assessment roll; and to provide for the expiration of such provisions upon the expiration there- of (Subpart D) (Part B)   PURPOSE: To prevent, absent special circumstances, until May 1, 2021, evictions and proceedings seeking eviction against residential tenants experienc- ing financial or health-related hardships, to prevent foreclosure against homeowners and certain small landlords with financial hardships until May 1, 2021, to stay certain tax lien sales and tax foreclosure proceedings until such date, to limit reporting and certain actions based on certain delinquent payment information and to prevent discrimi- nation against certain borrowers; and to extend the Senior Citizens' Homeowner Exemption (SCHE) and Disabled Homeowner Exemption (DHE) with- out requiring recertification.   SUMMARY OF PROVISIONS: Part A: Eviction Protections * Stays (freezes) residential eviction proceedings and bars new filings for sixty days, for implementation purposes. * Allows residential tenants unable to pay their rent or secure alterna- tive housing and suffering a financial hardship, or suffering a health- related hardship, to file, at any time, a hardship declaration, under penalty of law, with the landlord, court or enforcement officer that will prevent the filing, proceedings on and execution of any warrant of eviction until May 1, 2021. * Allows certain proceedings to continue if the court, in response to an authorized new petition, finds that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. * Requires service on tenants together with rent demands and with any notice of petition a notice on rights and related information and the form hardship declaration and requires the court to notify tenants of such rights and provide such information. * Requires the state Office of Court Administration post such informa- tion and forms on its website in multiple languages. * Eases the reopening of default judgments in such proceedings, includ- ing providing for vacatur of default judgments on oral or written request. * Creates a presumption of financial hardship arising on the filing of a hardship declaration that would support a defense based on financial hardship under the Tenant Safe Harbor Act, any appropriate executive order and any relevant statute, local law or administrative rule or procedure. Part B Subpart A: Foreclosure Protections * Stays residential foreclosure proceedings for sixty days for implemen- tation purposes. * Allows borrowers who own ten or fewer residential dwellings, including their primary residence, and are experiencing financial hardship to file a hardship declaration with the mortgage lender, other foreclosing party or the court that will prevent the filing and proceedings on a foreclo- sure action until May 1, 2021. Subpart B: Tax Lien Sale Protections * Prevents local governments from engaging in any tax lien sale or tax foreclosure until May 1, 2021, for such property of a residential prop- erty owner who owns ten or fewer units, including their primary resi- dence, who is experiencing a financial hardship and files such a hard- ship declaration. Subpart C: Credit Discrimination and Negative Credit Reporting * Prohibits lending institutions from discriminating in the determi- nation of whether credit should be extended to any owner of residential real property (ten or fewer units) because the owner has been granted a stay of mortgage foreclosure proceedings or tax foreclosure proceedings or tax lien sales, or the owner is currently in arrears and has filed a hardship declaration with the lender. * Prohibits negative reporting to any credit reporting agency based on a stay on the filing or proceedings on any mortgage foreclosure proceed- ing, tax foreclosure proceeding and tax lien sale, or mortgage arears during the COVID-19 period with respect to an owner who has filed such a hardship declaration with the lender. Subpart D: Senior Citizens' Homeowner Exemption (SCHE) and Disabled Homeowner Exemption (DHE) * Requires local governments to carry-over SCHE and DHE exemptions from the 2020 assessment roll to the 2021 assessment roll at the same levels. * Requires localities to provide renewal applications, via electronic or postal mail, for those individuals who may be eligible for a larger exemption in 2021. * Allows localities to specify procedures by which local assessors may require renewal applications by recipients believed to no longer qualify for the exemption in 2021. * Bars any requirement that a recipient be required to personally appear to file a renewal, if a renewal is required.   EXISTING LAW: The Tenant Safe Harbor Act (A. 10290-B, L. 2020, chapter 127) limits eviction and eviction proceedings during the Covid-19 period as described in that law. It differs from this bill in that under TSHA eviction proceedings may be commenced and continued and the tenant may raise a defense of financial hardship. The provisions of Part B, Subparts A and B modify existing law by requiring a stay of certain proceedings in the specified circumstances until May 1, 2021.   JUSTIFICATION: The state of emergency declared at the outset of the COVID-19 pandemic continues in New York. Measures necessary to contain the spread of COVID-19 have brought about widespread economic and societal disruption, placing New York and the nation in unprecedented circumstances. COVID-19 presents a historic threat to public health. Hundreds of thou- sands of residents are facing eviction or foreclosure due to necessary disease control measures that closed businesses and schools, and trig- gered mass-unemployment across the state. The pandemic has further interrupted court operations, the availability of counsel, the ability for parties to pay for counsel, and the ability to safely commute and enter a courtroom, settlement conference and the like. Stabilizing the housing situation for tenants, landlords, and homeowners will benefit all New Yorkers and will help the state address the pandem- ic, protect public health, and set the stage for recovery. The intent of this legislation is to avoid evictions and foreclosure proceedings for persons experiencing financial hardship during the COVID-19 pandemic and to protect persons who cannot move due to an increased risk of severe illness or death. The 2021 legislative session will begin shortly, and will be taking up many COVID-19 related bills. The legislature intends to revisit this issue.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Small additional costs for agencies for translating and posting certain forms and information.   LOCAL FISCAL IMPLICATIONS: No direct expenditures required.   EFFECTIVE DATE: The bill would take effect immediately.
A11181 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 11181 IN ASSEMBLY December 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz, Cymbrowitz, Heastie, Reyes, Richardson, Epstein, Gottfried, Lentol, Weinstein, Nolan, Abbate, Glick, Aubry, Cahill, Perry, Ortiz, Colton, Ramos, Benedetto, Jaffee, L. Rosenthal, DenDekker, Thiele, Bronson, Rodriguez, Simotas, Weprin, Quart, Kim, Mosley, Davila, Pichardo, Blake, Seawright, Simon, Hyndman, Carroll, De La Rosa, Niou, Vanel, Taylor, Cruz, Darling, Fernandez, Anderson) -- read once and referred to the Committee on Judiciary AN ACT establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020"; in relation to eviction proceedings; and to provide for the expiration of certain provisions upon the expiration thereof (Part A); in relation to foreclosure proceedings; and provid- ing for the expiration of certain provisions upon the expiration ther- eof (Subpart A); in relation to tax sales; and providing for the expi- ration of certain provisions upon the expiration thereof (Subpart B); to establish hardship declarations for owners of residential real property; and providing for the expiration of such provisions upon the expiration thereof (Subpart C); and to authorize every governing body of an assessing unit and local assessor to extend to the 2021 assess- ment roll, the renewal of the exemptions received on the 2020 assess- ment roll; and to provide for the expiration of such provisions upon the expiration thereof (Subpart D) (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation relating 2 to eviction and foreclosure protections. Each component is wholly 3 contained within a Part identified as Parts A through B. The effective 4 date for each particular provision contained within such Part is set 5 forth in the last section of such Part. Any provision in any section 6 contained within a Part, including the effective date of the Part, which 7 makes reference to a section "of this act", when used in connection with 8 that particular component, shall be deemed to mean and refer to the 9 corresponding section of the Part in which it is found. Section four of 10 this act sets forth the general effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17721-01-0A. 11181 2 1 § 2. Short title. This act shall be known and may be cited as the 2 "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020". 3 § 3. Legislative intent. The Legislature finds and declares all of the 4 following: 5 On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emergen- 6 cy in response to the Coronavirus disease (COVID-19) pandemic. Measures 7 necessary to contain the spread of COVID-19 have brought about wide- 8 spread economic and societal disruption, placing the state of New York 9 in unprecedented circumstances. 10 COVID-19 presents a historic threat to public health. Hundreds of 11 thousands of residents are facing eviction or foreclosure due to neces- 12 sary disease control measures that closed businesses and schools, and 13 triggered mass-unemployment across the state. The pandemic has further 14 interrupted court operations, the availability of counsel, the ability 15 for parties to pay for counsel, and the ability to safely commute and 16 enter a courtroom, settlement conference and the like. 17 Stabilizing the housing situation for tenants, landlords, and homeown- 18 ers is to the mutual benefit of all New Yorkers and will help the state 19 address the pandemic, protect public health, and set the stage for 20 recovery. It is, therefore, the intent of this legislation to avoid as 21 many evictions and foreclosures as possible for people experiencing a 22 financial hardship during the COVID-19 pandemic or who cannot move due 23 to an increased risk of severe illness or death from COVID-19. 24 As such, it is necessary to temporarily allow people impacted by 25 COVID-19 to remain in their homes. A limited, temporary stay is neces- 26 sary to protect the public health, safety and morals of the people the 27 Legislature represents from the dangers of the COVID-19 emergency 28 pandemic. 29 PART A 30 Section 1. Definitions. For the purposes of this act: 1. "Eviction 31 proceeding" means a summary proceeding to recover possession of real 32 property under article seven of the real property actions and 33 proceedings law relating to a residential dwelling unit or any other 34 judicial or administrative proceeding to recover possession of real 35 property relating to a residential dwelling unit. 36 2. "Landlord" includes a landlord, owner of a residential property and 37 any other person with a legal right to pursue eviction, possessory 38 action or a money judgment for rent, including arrears, owed or that 39 becomes due during the COVID-19 covered period, as defined in section 1 40 of chapter 127 of the laws of 2020. 41 3. "Tenant" includes a residential tenant, lawful occupant of a dwell- 42 ing unit, or any other person responsible for paying rent, use and occu- 43 pancy, or any other financial obligation under a residential lease or 44 tenancy agreement, but does not include a residential tenant or lawful 45 occupant with a seasonal use lease where such tenant has a primary resi- 46 dence to which to return to. 47 4. "Hardship declaration" means the following statement, or a substan- 48 tially equivalent statement in the tenant's primary language, in 49 14-point type, published by the office of court administration, whether 50 in physical or electronic written form: 51 "NOTICE TO TENANT: If you have lost income or had increased costs 52 during the COVID-19 pandemic, or moving would pose a significant health 53 risk for you or a member of your household due to an increased risk for 54 severe illness or death from COVID-19 due to an underlying medicalA. 11181 3 1 condition, and you sign and deliver this hardship declaration form to 2 your landlord, you cannot be evicted until at least May 1, 2021 for 3 nonpayment of rent or for holding over after the expiration of your 4 lease. You may still be evicted for violating your lease by persistently 5 and unreasonably engaging in behavior that substantially infringes on 6 the use and enjoyment of other tenants or occupants or causes a substan- 7 tial safety hazard to others. 8 If your landlord has provided you with this form, your landlord must 9 also provide you with a mailing address and e-mail address to which you 10 can return this form. If your landlord has already started an eviction 11 proceeding against you, you can return this form to either your land- 12 lord, the court, or both at any time. You should keep a copy or picture 13 of the signed form for your records. You will still owe any unpaid rent 14 to your landlord. You should also keep careful track of what you have 15 paid and any amount you still owe. 16 For more information about legal resources that may be available to 17 you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you 18 live in New York City or go to www.nycourts.gov/evictions/outside-nyc/ 19 or call a local bar association or legal services provider if you live 20 outside of New York City. Rent relief may be available to you, and you 21 should contact your local housing assistance office. 22 TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC 23 I am a tenant, lawful occupant, or other person responsible for paying 24 rent, use and occupancy, or any other financial obligation under a lease 25 or tenancy agreement at (address of dwelling unit). 26 YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR EVICTION PROTECTION BY 27 SELECTING OPTION "A" OR "B", OR BOTH. 28 A. ( ) I am experiencing financial hardship, and I am unable to pay my 29 rent or other financial obligations under the lease in full or obtain 30 alternative suitable permanent housing because of one or more of the 31 following: 32 1. Significant loss of household income during the COVID-19 pandemic. 33 2. Increase in necessary out-of-pocket expenses related to performing 34 essential work or related to health impacts during the COVID-19 pandem- 35 ic. 36 3. Childcare responsibilities or responsibilities to care for an 37 elderly, disabled, or sick family member during the COVID-19 pandemic 38 have negatively affected my ability or the ability of someone in my 39 household to obtain meaningful employment or earn income or increased my 40 necessary out-of-pocket expenses. 41 4. Moving expenses and difficulty I have securing alternative housing 42 make it a hardship for me to relocate to another residence during the 43 COVID-19 pandemic. 44 5. Other circumstances related to the COVID-19 pandemic have negative- 45 ly affected my ability to obtain meaningful employment or earn income or 46 have significantly reduced my household income or significantly 47 increased my expenses. 48 To the extent that I have lost household income or had increased 49 expenses, any public assistance, including unemployment insurance, 50 pandemic unemployment assistance, disability insurance, or paid family 51 leave, that I have received since the start of the COVID-19 pandemic 52 does not fully make up for my loss of household income or increased 53 expenses.A. 11181 4 1 B. ( ) Vacating the premises and moving into new permanent housing would 2 pose a significant health risk because I or one or more members of my 3 household have an increased risk for severe illness or death from 4 COVID-19 due to being over the age of sixty-five, having a disability or 5 having an underlying medical condition, which may include but is not 6 limited to being immunocompromised. 7 I understand that I must comply with all other lawful terms under my 8 tenancy, lease agreement or similar contract. I further understand that 9 lawful fees, penalties or interest for not having paid rent in full or 10 met other financial obligations as required by my tenancy, lease agree- 11 ment or similar contract may still be charged or collected and may 12 result in a monetary judgment against me. I further understand that my 13 landlord may be able to seek eviction after May 1, 2021, and that the 14 law may provide certain protections at that time that are separate from 15 those available through this declaration. 16 Signed: 17 Printed name: 18 Date signed: 19 NOTICE: You are signing and submitting this form under penalty of law. 20 That means it is against the law to make a statement on this form that 21 you know is false." 22 § 2. Pending eviction proceedings. Any eviction proceeding pending on 23 the effective date of this act, including eviction proceedings filed on 24 or before March 7, 2020, or commenced within thirty days of the effec- 25 tive date of this act shall be stayed for at least sixty days, or to 26 such later date that the chief administrative judge shall determine is 27 necessary to ensure that courts are prepared to conduct proceedings in 28 compliance with this act and to give tenants an opportunity to submit 29 the hardship declaration pursuant to this act. The court in each case 30 shall promptly issue an order directing such stay and promptly mail the 31 respondent a copy of the hardship declaration in English, and, to the 32 extent practicable, the tenant's primary language, if other than 33 English. 34 § 3. Pre-eviction notices. A landlord shall include a "Hardship Decla- 35 ration" in 14-point type, with every written demand for rent made pursu- 36 ant to subdivision 2 of section 711 of the real property actions and 37 proceedings law, with any other written notice required by the lease or 38 tenancy agreement, law or rule to be provided prior to the commencement 39 of an eviction proceeding, and with every notice of petition served on a 40 tenant. If the translation of the hardship declaration in the tenant's 41 primary language is not available on the office of court adminis- 42 tration's public website, as provided by section ten of this act, it 43 shall be the landlord's responsibility to obtain a suitable translation 44 of the hardship declaration in the tenant's primary language. Such 45 notice shall also include: 46 1. a mailing address, telephone number and active email address the 47 tenant can use to contact the landlord and return the hardship declara- 48 tion; and 49 2. a list of all not-for-profit legal service providers actively 50 handling housing matters in the county where the subject premises are 51 located. Such lists shall be prepared and regularly updated, to the 52 extent practicable, for such purpose and published on the website of the 53 office of court administration.A. 11181 5 1 § 4. Prohibition on initiation of eviction proceeding. If there is no 2 pending eviction proceeding and a tenant provides a hardship declaration 3 to the landlord or an agent of the landlord, there shall be no initi- 4 ation of an eviction proceeding against the tenant until at least May 1, 5 2021, and in such event any specific time limit for the commencement of 6 an eviction proceeding shall be tolled until May 1, 2021. 7 § 5. Required affidavit. 1. No court shall accept for filing any peti- 8 tion or other filing to commence an eviction proceeding unless the peti- 9 tioner or an agent of the petitioner files an affidavit of service, 10 under penalty of perjury, demonstrating the manner in which the peti- 11 tioner or the petitioner's agent served a copy of the hardship declara- 12 tion in English and the tenant's primary language, if other than 13 English, with any rent demand and with any other written notice required 14 by the lease or tenancy agreement, law or rule to be provided prior to 15 the commencement of an eviction proceeding, and an affidavit under 16 penalty of perjury: 17 a. attesting that at the time of filing, neither the petitioner nor 18 any agent of the petitioner has received a hardship declaration from the 19 respondent or any other tenant or occupant of the dwelling unit that is 20 the subject of the proceeding, or 21 b. attesting that the respondent or another tenant or occupant of the 22 dwelling unit that is the subject of the proceeding has returned a hard- 23 ship declaration, but the respondent is persistently and unreasonably 24 engaging in behavior that substantially infringes on the use and enjoy- 25 ment of other tenants or occupants or causes a substantial safety hazard 26 to others, with a specific description of the behavior alleged. 27 2. Upon accepting a petition pursuant to article 7 of the real proper- 28 ty actions and proceedings law, the attorney, judge or clerk of the 29 court, as the case may be, shall determine whether a copy of the hard- 30 ship declaration in English and the tenant's primary language, if other 31 than English, is annexed to the served notice of petition and, if not, 32 shall ensure that the hardship declaration is attached to such notice. 33 Service of the notice of petition with the attached hardship declaration 34 shall be made by personal delivery to the respondent, unless such 35 service cannot be made with due diligence, in which case service may be 36 made under section 735 of the real property actions and proceedings law. 37 At the earliest possible opportunity, the court shall seek confirmation 38 on the record or in writing from the respondent that the respondent has 39 received the hardship declaration and that the respondent has not 40 submitted a hardship declaration to the petitioner, an agent of the 41 petitioner, or the court. If the court determines a respondent has not 42 received a hardship declaration, then the court shall stay the proceed- 43 ing for a reasonable period of time, which shall be no less than ten 44 business days or any longer period provided by law, and provide the 45 respondent with a copy of the hardship declaration in English and the 46 respondent's primary language, if other than English, to ensure the 47 respondent received and fully considered whether to submit the hardship 48 declaration. 49 § 6. Pending proceedings. In any eviction proceeding in which an 50 eviction warrant has not been issued, including eviction proceedings 51 filed on or before March 7, 2020, if the tenant provides a hardship 52 declaration to the petitioner, the court, or an agent of the petitioner 53 or the court, the eviction proceeding shall be stayed until at least May 54 1, 2021. If such hardship declaration is provided to the petitioner or 55 agent, such petitioner or agent shall promptly file it with the court, 56 advising the court in writing the index number of all relevant cases.A. 11181 6 1 § 7. Default judgments. No court shall issue a judgment in any 2 proceeding authorizing a warrant of eviction against a respondent who 3 has defaulted, or authorize the enforcement of an eviction pursuant to a 4 default judgment, prior to May 1, 2021, without first holding a hearing 5 after the effective date of this act upon motion of the petitioner. The 6 petitioner or an agent of the petitioner shall file an affidavit attest- 7 ing that the petitioner or the petitioner's agent has served notice of 8 the date, time, and place of such hearing on the respondent, including a 9 copy of such notice. If a default judgment has been awarded prior to the 10 effective date of this act, the default judgment shall be removed and 11 the matter restored to the court calendar upon the respondent's written 12 or oral request to the court either before or during such hearing and an 13 order to show cause to vacate the default judgment shall not be 14 required. 15 § 8. Post warrant of eviction. a. (i) In any eviction proceeding in 16 which an eviction warrant has been issued prior to the effective date of 17 this act, but has not yet been executed as of the effective date of this 18 act, including eviction proceedings filed on or before March 7, 2020, 19 the court shall stay the execution of the warrant at least until the 20 court has held a status conference with the parties. (ii) In any 21 eviction proceeding, if the tenant provides a hardship declaration to 22 the petitioner, the court, or an agent of the petitioner or the court, 23 prior to the execution of the warrant, the execution shall be stayed 24 until at least May 1, 2021. If such hardship declaration is provided to 25 the petitioner or agent of the petitioner, such petitioner or agent 26 shall promptly file it with the court, advising the court in writing the 27 index number of all relevant cases. 28 b. In any eviction proceeding in which a warrant has been issued, 29 including eviction proceedings filed on or before March 7, 2020, any 30 warrant issued shall not be effective as against the occupants, unless, 31 in addition to the requirements under section 749 of the real property 32 actions and proceedings law for warrants, such warrant states: 33 (i) The tenant has not submitted the hardship declaration and the 34 tenant was properly served with a copy of the hardship declaration 35 pursuant to this section, listing dates the tenant was served with the 36 hardship declaration by the petitioner and the court; or 37 (ii) The tenant is ineligible for a stay under this act because the 38 court has found that the tenant is persistently and unreasonably engag- 39 ing in behavior that substantially infringes on the use and enjoyment of 40 other tenants or occupants or causes a substantial safety hazard to 41 others, with a specific description of the behavior. 42 c. No court shall issue a warrant directed to the sheriff of the coun- 43 ty or to any constable or marshal of the city in which the property, or 44 a portion thereof, is situated, or, if it is not situated in a city, to 45 any constable of any town in the county, that does not comply with the 46 requirements of this section. 47 d. No officer to whom the warrant is directed shall execute a warrant 48 for eviction issued that does not comply with the requirements of this 49 section. 50 e. Unless the warrant contains the information contained in paragraph 51 (ii) of subdivision b of this section, if any tenant delivers the 52 hardship declaration to the officer to whom the warrant is directed, the 53 officer shall not execute the warrant and shall return the hardship form 54 to the court indicating the appropriate index/case number the form is 55 associated with.A. 11181 7 1 § 9. Sections two, four, six and paragraph (ii) of subdivision a of 2 section eight of this act shall not apply if the tenant is persistently 3 and unreasonably engaging in behavior that substantially infringes on 4 the use and enjoyment of other tenants or occupants or causes a substan- 5 tial safety hazard to others, provided: 6 1. If an eviction proceeding is pending on the effective date of this 7 act, but the petitioner has not previously alleged that the tenant 8 persistently and unreasonably engaged in such behavior, the petitioner 9 shall be required to submit a new petition with such allegations and 10 comply with all notice and service requirements under article 7 of the 11 real property actions and proceedings law and this act. 12 2. If the court has awarded a judgment against a respondent prior to 13 the effective date of this act on the basis of objectionable or nuisance 14 behavior, the court shall hold a hearing to determine whether the tenant 15 is continuing to persist in engaging in unreasonable behavior that 16 substantially infringes on the use and enjoyment of other tenants or 17 occupants or causes a substantial safety hazard to others. 18 3. For the purposes of this act, a mere allegation of the behavior by 19 the petitioner or an agent of the petitioner alleging such behavior 20 shall not be sufficient evidence to establish that the tenant has 21 engaged in such behavior. 22 4. If the petitioner fails to establish that the tenant persistently 23 and unreasonably engaged in such behavior and the tenant provides or has 24 provided a hardship declaration to the petitioner, petitioner's agent or 25 the court, the court shall stay or continue to stay any further 26 proceedings until at least May 1, 2021. 27 5. If the petitioner establishes that the tenant persistently and 28 unreasonably engaged in such behavior or the tenant fails to provide a 29 hardship declaration to the petitioner, petitioner's agent or the court, 30 the proceeding may continue pursuant to article 7 of the real property 31 actions and proceedings law and this act. 32 § 10. Translation of hardship declaration. The office of court admin- 33 istration shall translate the hardship declaration, as defined in 34 section one of this act, into Spanish and the six most common languages 35 in the city of New York, after Spanish, and shall post and maintain such 36 translations and an English language copy of the hardship declaration on 37 the website of such office beginning within fifteen days of the effec- 38 tive date of this act. To the extent practicable, the office of court 39 administration shall post and maintain on its website translations into 40 such additional languages as the chief administrative judge shall deem 41 appropriate to ensure that tenants have an opportunity to understand and 42 submit hardship declarations pursuant to this act. 43 § 11. Rebuttable presumption. A hardship declaration in which the 44 tenant has selected the option indicating a financial hardship shall 45 create a rebuttable presumption that the tenant is experiencing finan- 46 cial hardship, in any judicial or administrative proceeding that may be 47 brought, for the purposes of establishing a defense under chapter 127 of 48 the laws of 2020, an executive order of the governor or any other local 49 or state law, order or regulation restricting the eviction of a tenant 50 suffering from a financial hardship during or due to COVID-19 provided 51 that the absence of a hardship declaration shall not create a presump- 52 tion that a financial hardship is not present. 53 § 12. If any clause, sentence, paragraph, section or part of this act 54 shall be adjudged by any court of competent jurisdiction to be invalid 55 and after exhaustion of all further judicial review, the judgment shall 56 not affect, impair or invalidate the remainder thereof, but shall beA. 11181 8 1 confined in its operation to the clause, sentence, paragraph, section or 2 part of this act directly involved in the controversy in which the judg- 3 ment shall have been rendered. 4 § 13. This act shall take effect immediately and sections one, two, 5 three, four, five, six, seven, eight, nine, ten and twelve of this act 6 shall expire May 1, 2021. 7 PART B 8 Section 1. This Part enacts into law components of legislation relat- 9 ing to mortgage foreclosure, tax foreclosure, credit discrimination and 10 tax renewal exemption protections. Each component is wholly contained 11 within a Subpart identified as Subparts A through D. The effective date 12 for each particular provision contained within such Subpart is set forth 13 in the last section of such Subpart. Any provision in any section 14 contained within a Subpart, including the effective date of the Subpart, 15 which makes reference to a section "of this act", when used in 16 connection with that particular component, shall be deemed to mean and 17 refer to the corresponding section of the Subpart in which it is found. 18 Section three of this Part sets forth the general effective date of this 19 Part. 20 SUBPART A 21 Section 1. Application. This section shall apply to any action to 22 foreclose a mortgage relating to residential real property, provided the 23 owner or mortgagor of such property is a natural person, regardless of 24 how title is held, and owns ten or fewer dwelling units whether directly 25 or indirectly. The ten or fewer dwelling units may be in more than one 26 property or building as long as the total aggregate number of ten units 27 includes the primary residence of the natural person requesting such 28 relief and the remaining units are currently occupied by a tenant or are 29 available for rent. 30 (a) For purposes of this act, real property shall include shares 31 assigned to a unit in a residential cooperative. 32 (b) For purposes of this act, real property shall not include property 33 that is vacant and abandoned, as defined in subdivision 2 of section 34 1309 of the real property actions and proceedings law, which was listed 35 on the statewide vacant and abandoned property electronic registry, as 36 defined in section 1310 of the real property actions and proceedings 37 law, prior to March 7, 2020 and that remains on such registry. 38 Notwithstanding anything to the contrary, this act shall not apply to, 39 and does not affect any mortgage loans made, insured, purchased or secu- 40 ritized by a corporate governmental agency of the state constituted as a 41 political subdivision and public benefit corporation, or the rights and 42 obligations of any lender, issuer, servicer or trustee of such obli- 43 gations. 44 § 2. Definitions. For the purposes of this act, "Hardship Declaration" 45 means the following statement, or a substantially equivalent statement 46 in the mortagor's primary language, in 14-point type, published by the 47 office of court administration, whether in physical or electronic writ- 48 ten form: 49 "NOTICE TO MORTGAGOR: If you have lost income or had increased costs 50 during the COVID-19 pandemic, and you sign and deliver this hardship 51 declaration form to your mortgage lender or other foreclosing party, you 52 cannot be foreclosed on until at least May 1, 2021.A. 11181 9 1 If your mortgage lender or other foreclosing party provided you with 2 this form, the mortgage lender or other foreclosing party must also 3 provide you with a mailing address and e-mail address to which you can 4 return this form. If you are already in foreclosure proceedings, you may 5 return this form to the court. You should keep a copy or picture of the 6 signed form for your records. You will still owe any unpaid mortgage 7 payments and lawful fees to your lender. You should also keep careful 8 track of what you have paid and any amount you still owe. 9 MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP 10 I am the mortgagor of the property at (address of dwelling unit). 11 Including my primary residence, I own, whether directly or indirectly, 12 ten or fewer residential dwelling units. I am experiencing financial 13 hardship, and I am unable to pay my mortgage in full because of one or 14 more of the following: 15 1. Significant loss of household income during the COVID-19 pandemic. 16 2. Increase in necessary out-of-pocket expenses related to performing 17 essential work or related to health impacts during the COVID-19 pandem- 18 ic. 19 3. Childcare responsibilities or responsibilities to care for an 20 elderly, disabled, or sick family member during the COVID-19 pandemic 21 have negatively affected my ability or the ability of someone in my 22 household to obtain meaningful employment or earn income or increased my 23 necessary out-of-pocket expenses. 24 4. Moving expenses and difficulty I have securing alternative housing 25 make it a hardship for me to relocate to another residence during the 26 COVID-19 pandemic. 27 5. Other circumstances related to the COVID-19 pandemic have negative- 28 ly affected my ability to obtain meaningful employment or earn income or 29 have significantly reduced my household income or significantly 30 increased my expenses. 31 6. One or more of my tenants has defaulted on a significant amount of 32 their rent payments since March 1, 2020. 33 To the extent I have lost household income or had increased expenses, 34 any public assistance, including unemployment insurance, pandemic unem- 35 ployment assistance, disability insurance, or paid family leave, that I 36 have received since the start of the COVID-19 pandemic does not fully 37 make up for my loss of household income or increased expenses. 38 I understand that I must comply with all other lawful terms under my 39 mortgage agreement. I further understand that lawful fees, penalties or 40 interest for not having paid my mortgage in full as required by my mort- 41 gage agreement may still be charged or collected and may result in a 42 monetary judgment against me. I also understand that my mortgage lender 43 or other foreclosing party may pursue a foreclosure action against me on 44 or after May 1, 2021, if I do not fully repay any missed or partial 45 payments and lawful fees. 46 Signed: 47 Printed Name: 48 Date Signed: 49 NOTICE: You are signing and submitting this form under penalty of law. 50 That means it is against the law to make a statement on this form that 51 you know is false." 52 § 3. Any action to foreclose a mortgage pending on the effective date 53 of this act, including actions filed on or before March 7, 2020, or 54 commenced within thirty days of the effective date of this act shall be 55 stayed for at least sixty days, or to such later date that the chief 56 administrative judge shall determine is necessary to ensure that courtsA. 11181 10 1 are prepared to conduct proceedings in compliance with this act and to 2 give mortgagors an opportunity to submit the hardship declaration pursu- 3 ant to this act. The court in each case shall promptly issue an order 4 directing such stay and promptly mail the mortgagor a copy of the hard- 5 ship declaration in English, and, to the extent practicable, the 6 mortgagor's primary language, if other than English. 7 § 4. The foreclosing party shall include a "Hardship Declaration" in 8 14-point type, with every notice provided to a mortgagor pursuant to 9 sections 1303 and 1304 of the real property actions and proceedings law. 10 If the translation of the hardship declaration in the mortgagor's prima- 11 ry language is not available on the office of court administration's 12 public website, as provided by section nine of this act, it shall be the 13 foreclosing party's responsibility to obtain a suitable translation of 14 the hardship declaration in the mortgagor's primary language. Such 15 notice shall also include a mailing address, telephone number and active 16 email address the mortgagor can use to contact the foreclosing party and 17 return the hardship declaration. 18 § 5. If a mortgagor provides a hardship declaration to the foreclosing 19 party or an agent of the foreclosing party, there shall be no initiation 20 of an action to foreclose a mortgage against the mortgagor until at 21 least May 1, 2021, and in such event any specific time limit for the 22 commencement of an action to foreclose a mortgage shall be tolled until 23 May 1, 2021. 24 § 6. No court shall accept for filing any action to foreclose a mort- 25 gage unless the foreclosing party or an agent of the foreclosing party 26 files an affidavit, under penalty of perjury: 27 (i) of service demonstrating the manner in which the foreclosing 28 party's agent served a copy of the hardship declaration in English and 29 the mortgagor's primary language, if other than English, with the 30 notice, if any, provided to the mortgagor pursuant to sections 1303 and 31 1304 of the real property actions and proceedings law, and 32 (ii) attesting that at the time of filing, neither the foreclosing 33 party nor any agent of the foreclosing party has received a hardship 34 declaration from the mortgagor. 35 At the earliest possible opportunity, the court shall seek confirma- 36 tion on the record or in writing that the mortgagor has received a copy 37 of the hardship declaration and that the mortgagor has not returned the 38 hardship declaration to the foreclosing party or an agent of the fore- 39 closing party. If the court determines a mortgagor has not received a 40 hardship declaration, then the court shall stay the proceeding for a 41 reasonable period of time, which shall be no less than ten business days 42 or any longer period provided by law, to ensure the mortgagor received 43 and fully considered whether to submit the hardship declaration. 44 § 7. In any action to foreclose a mortgage in which a judgment of sale 45 has not been issued, including actions filed on or before March 7, 2020, 46 if the mortgagor provides a hardship declaration to the foreclosing 47 party, the court, or an agent of the foreclosing party or the court, the 48 proceeding shall be stayed until at least May 1, 2021. If such hardship 49 declaration is provided to the foreclosing party or agent of the fore- 50 closing party, such foreclosing party or agent shall promptly file it 51 with the court, advising the court in writing the index number of all 52 relevant cases. 53 § 8. In any action to foreclose a mortgage in which a judgment of sale 54 has been issued prior to the effective date of this act but has not yet 55 been executed as of the effective date of this act, including actions 56 filed on or before March 7, 2020, the court shall stay the execution ofA. 11181 11 1 the judgment at least until the court has held a status conference with 2 the parties. In any action to foreclose a mortgage, if the mortgagor 3 provides a hardship declaration to the foreclosing party, the court, or 4 an agent of the foreclosing party or the court, prior to the execution 5 of the judgment, the execution shall be stayed until at least May 1, 6 2021. If such hardship declaration is provided to the foreclosing party 7 or agent of the foreclosing party, such foreclosing party or agent shall 8 promptly file it with the court, advising the court in writing the index 9 number of all relevant cases. 10 § 9. The office of court administration shall translate the hardship 11 declaration, as defined in section one of this act, into Spanish and the 12 six most common languages in the city of New York, after Spanish, and 13 shall post and maintain such translations and an English language copy 14 of the hardship declaration on the website of such office beginning 15 within fifteen days of the effective date of this act. 16 § 10. A hardship declaration shall create a rebuttable presumption 17 that the mortgagor is suffering financial hardship, in any judicial or 18 administrative proceeding that may be brought, for the purposes of 19 establishing a defense under an executive order of the governor or any 20 other local or state law, order or regulation restricting actions to 21 foreclose a mortgage against a mortgagor suffering from a financial 22 hardship during or due to the COVID-19 pandemic provided that the 23 absence of a hardship declaration shall not create a presumption that a 24 financial hardship is not present. 25 § 11. If any clause, sentence, paragraph, section or part of this act 26 shall be adjudged by any court of competent jurisdiction to be invalid 27 and after exhaustion of all further judicial review, the judgment shall 28 not affect, impair or invalidate the remainder thereof, but shall be 29 confined in its operation to the clause, sentence, paragraph, section or 30 part of this act directly involved in the controversy in which the judg- 31 ment shall have been rendered. 32 § 12. This act shall take effect immediately and sections one, two, 33 three, four, five, six, seven, eight, nine and eleven of this act shall 34 expire May 1, 2021. 35 SUBPART B 36 Section 1. Application. This act shall apply to any action to fore- 37 close on delinquent taxes or sell a tax lien relating to residential 38 real property, provided the owner or mortgagor of such property is a 39 natural person, regardless of how title is held, and owns ten or fewer 40 dwelling units whether directly or indirectly. The ten or fewer dwelling 41 units may be in more than one property or building as long as the total 42 aggregate number of ten units includes the primary residence of the 43 natural person requesting such relief and the remaining units are 44 currently occupied by a tenant or are available for rent. 45 (a) For purposes of this act, real property shall include shares in a 46 residential cooperative. 47 (b) For purposes of this act, real property shall not include property 48 that is vacant and abandoned, as defined in subdivision 2 of section 49 1309 of the real property actions and proceedings law, which was listed 50 on the statewide vacant and abandoned property electronic registry, as 51 defined in section 1310 of the real property actions and proceedings 52 law, prior to March 7, 2020 and that remains on such registry. 53 § 2. Definitions. For purposes of this act: 1. "Tax lien" means an 54 unpaid tax, special ad valorem levy, special assessment or other chargeA. 11181 12 1 imposed upon real property by or on behalf of a municipal corporation or 2 special district or other public or private entity which is an encum- 3 brance on real property, whether or not evidenced by a written instru- 4 ment. 5 2. "Tax foreclosure and tax lien sale" shall mean any such tax lien 6 sale or tax foreclosure pursuant to article 11 of the real property tax 7 law, or any general, special or local law related to real property tax 8 lien sales or real property tax foreclosures. 9 3. "Hardship Declaration" means the following statement, or a substan- 10 tially equivalent statement in the owner's primary language, in 14-point 11 type, whether in physical or electronic written form: 12 "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP 13 I am the owner of the property at (address). Including my primary 14 residence, I own, whether directly or indirectly, ten or fewer residen- 15 tial dwelling units. I am experiencing financial hardship, and I am 16 unable to pay my full tax bill because of one or more of the following: 17 1. Significant loss of household income during the COVID-19 pandemic. 18 2. Increase in necessary out-of-pocket expenses related to performing 19 essential work or related to health impacts during the COVID-19 pandem- 20 ic. 21 3. Childcare responsibilities or responsibilities to care for an 22 elderly, disabled, or sick family member during the COVID-19 pandemic 23 have negatively affected my ability or the ability of someone in my 24 household to obtain meaningful employment or earn income or increased my 25 necessary out-of-pocket expenses. 26 4. Moving expenses and difficulty I have securing alternative housing 27 make it a hardship for me to relocate to another residence during the 28 COVID-19 pandemic. 29 5. Other circumstances related to the COVID-19 pandemic have negative- 30 ly affected my ability to obtain meaningful employment or earn income or 31 have significantly reduced my household income or significantly 32 increased my expenses. 33 6. One or more of my tenants has defaulted on a significant amount of 34 their rent payments since March 1, 2020. 35 To the extent that I have lost household income or had increased 36 expenses, any public assistance, including unemployment insurance, 37 pandemic unemployment assistance, disability insurance, or paid family 38 leave, that I have received since the start of the COVID-19 pandemic 39 does not fully make up for my loss of household income or increased 40 expenses. 41 I understand that lawful fees, penalties or interest for not having 42 paid my taxes in full may still be charged or collected and may result 43 in a foreclosure action against me on or after May 1, 2021, if I do not 44 fully repay any missed or partial payments and fees. 45 Signed: 46 Printed Name: 47 Date Signed: 48 NOTICE: You are signing and submitting this form under penalty of law. 49 That means it is against the law to make a statement on this form that 50 you know is false." 51 § 3. 1. A real property owner may submit a "Hardship Declaration" to 52 any village, town, city, school district, county, or other entity or 53 person which conducts tax foreclosures or tax lien sales. 54 2. At least thirty days prior to the date on which a sale of a tax 55 lien is scheduled to occur, or upon the filing of a petition of foreclo- 56 sure of a tax lien, the enforcing officer or other person or entityA. 11181 13 1 conducting such tax lien sale or tax foreclosure shall notify the owner 2 of the affected property of such owner's rights under this act and shall 3 notify the owner that a copy of the hardship declaration can be accessed 4 on the New York State Department of Tax and Finance's website and also 5 provide a link to such declaration form. For the purposes of this act, 6 "enforcing officer" shall have the same meaning as defined in subdivi- 7 sion 3 of section 1102 of the real property tax law. The New York State 8 Department of Tax and Finance shall publish a copy of the hardship 9 declaration on its website. 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, 2021. 15 4. While such stay is in effect, no other action or proceeding shall 16 be commenced to recover any part of such delinquent taxes. 17 5. Any applicable statutes of limitation for the commencement of any 18 action or proceeding to sell a tax lien or foreclose a tax lien is 19 tolled until such stay has expired. The obligation to pay the balance of 20 such delinquent taxes is not rendered invalid, released or extinguished 21 by such stay. 22 6. A hardship declaration shall create a rebuttable presumption that 23 the owner is experiencing financial hardship, in any judicial or admin- 24 istrative proceeding that may be brought, for the purposes of establish- 25 ing a defense under an executive order of the governor or any other 26 local or state law, order or regulation restricting actions to sell a 27 tax lien or foreclose a tax lien against an owner suffering from a 28 financial hardship during or due to the COVID-19 pandemic, provided 29 that the absence of a hardship declaration shall not create a presump- 30 tion that a financial hardship is not present. 31 § 4. This act shall take effect immediately and sections one and two 32 and subdivisions one, two, three, four and five of section three shall 33 expire May 1, 2021. 34 SUBPART C 35 Section 1. Application. 1. This act shall apply to an owner of resi- 36 dential real property, provided the owner or mortgagor of such property 37 is a natural person, regardless of how title is held, and owns ten or 38 fewer dwelling units whether directly or indirectly. The ten or fewer 39 dwelling units may be in more than one property or building as long as 40 the total aggregate number of ten units includes the primary residence 41 of the natural person requesting such relief and the remaining units are 42 currently occupied by a tenant or are available for rent. 43 (a) For purposes of this act, real property shall include shares in a 44 residential cooperative. 45 (b) For purposes of this act, real property shall not include property 46 that is vacant and abandoned, as defined in subdivision 2 of section 47 1309 of the real property actions and proceedings law, which was listed 48 on the statewide vacant and abandoned property electronic registry, as 49 defined in section 1310 of the real property actions and proceedings 50 law, prior to March 7, 2020 and that remains on such registry. 51 2. Hardship declaration. For purposes of this act, "hardship declara- 52 tion" shall mean the following statement, or a substantially equivalent 53 statement in the owner or mortgagor's primary language, in 14-point 54 type, whether in physical or electronic written form, and the departmentA. 11181 14 1 of financial services shall publish a copy of the hardship declaration 2 on its website: 3 "NOTICE TO OWNER/MORTGAGOR: If you have lost income or had increased 4 costs due to the COVID-19 pandemic, and you sign and deliver this hard- 5 ship declaration form to your lending institution, you cannot be 6 discriminated against in the determination of whether credit should be 7 extended or reported negatively to a credit reporting agency until at 8 least May 1, 2021. 9 If a lending institution provided you with this form, the lending 10 institution must also provide you with a mailing address and e-mail 11 address to which you can return this form. You should keep a copy or 12 picture of the signed form for your records. 13 OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP 14 I am the OWNER/MORTGAGOR of the property at (address of dwelling 15 unit). Including my primary residence, I own, whether directly or indi- 16 rectly, ten or fewer residential dwelling units. I am experiencing 17 financial hardship, and I am unable to pay my mortgage in full because 18 of one or more of the following: 19 1. Significant loss of household income during the COVID-19 pandemic. 20 2. Increase in necessary out-of-pocket expenses related to performing 21 essential work or related to health impacts during the COVID-19 pandem- 22 ic. 23 3. Childcare responsibilities or responsibilities to care for an 24 elderly, disabled, or sick family member during the COVID-19 pandemic 25 have negatively affected my ability or the ability of someone in my 26 household to obtain meaningful employment or earn income or increased my 27 necessary out-of-pocket expenses. 28 4. Moving expenses and difficulty I have securing alternative housing 29 make it a hardship for me to relocate to another residence during the 30 COVID-19 pandemic. 31 5. Other circumstances related to the COVID-19 pandemic have negative- 32 ly affected my ability to obtain meaningful employment or earn income or 33 have significantly reduced my household income or significantly 34 increased my expenses. 35 6. One or more of my tenants has defaulted on a significant amount of 36 their rent payments since March 1, 2020. 37 To the extent that I have lost household income or had increased 38 expenses, any public assistance, including unemployment insurance, 39 pandemic unemployment assistance, disability insurance, or paid family 40 leave, that I have received since the start of the COVID-19 pandemic 41 does not fully make up for my loss of household income or increased 42 expenses. 43 Signed: 44 Printed Name: 45 Date Signed: 46 NOTICE: You are signing and submitting this form under penalty of law. 47 That means it is against the law to make a statement on this form that 48 you know is false." 49 3. Discrimination in credit decisions. Notwithstanding any law to the 50 contrary, lending institutions shall not discriminate in the determi- 51 nation of whether credit should be extended to any owner of residential 52 real property as defined in subdivision one of this section because, as 53 provided for in this act, such owner has been granted a stay of mortgage 54 foreclosure proceedings, tax foreclosure proceedings or of tax lien 55 sales, or that an owner of residential real property as defined inA. 11181 15 1 subdivision one of this section is currently in arrears and has filed a 2 hardship declaration with such lender. 3 4. Prohibition on negative credit reporting. Notwithstanding any law 4 to the contrary, as provided for in this act, the granting of a stay of 5 mortgage foreclosure proceedings, tax foreclosure proceedings or tax 6 lien sales, or that an owner of residential real property as defined in 7 subdivision one of this section is currently in arrears and has filed a 8 hardship declaration with their lender shall not be negatively reported 9 to any credit reporting agency. 10 § 2. This act take effect immediately and shall expire May 1, 2021. 11 SUBPART D 12 Section 1. Notwithstanding any other provision of law, in the interest 13 of the health and safety of the public due to the novel coronavirus, 14 COVID-19 pandemic, every governing body of an assessing unit and local 15 assessor shall extend to the 2021 assessment roll, the renewal of the 16 exemptions received on the 2020 assessment roll pursuant to sections 467 17 and 459-c of the real property tax law, relating to persons age sixty- 18 five and older and for certain persons with disabilities and limited 19 income, and no renewal application shall be required of any eligible 20 recipient who received either exemption on the 2020 assessment roll in 21 order for such eligible recipient to continue receiving such exemption 22 at the same amount received on the 2020 assessment roll, except as here- 23 in provided. Provided however, that the local assessor shall make avail- 24 able renewal applications through postal mail or electronic means in 25 order for eligible recipients to file renewal applications in the event 26 that such eligible recipient determines his or her income has changed in 27 a manner that would grant him or her a greater exemption than what was 28 present on the 2020 assessment roll; and provided further that such 29 governing body may adopt a local law or resolution which includes proce- 30 dures by which the assessor may require a renewal application to be 31 filed when he or she has reason to believe that an owner who qualified 32 for the exemption on the 2020 assessment roll may have since changed his 33 or her primary residence, added another owner to the deed, transferred 34 the property to a new owner, or died; and provided further that no 35 governing body of an assessing unit or local assessor may require eligi- 36 ble recipients to appear in person to file a renewal application for any 37 reason. 38 § 2. This act shall take effect immediately and shall expire May 1, 39 2021. This act shall be deemed to have been in full force and effect on 40 and after March 7, 2020. 41 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 42 sion, section, item, subpart or part of this act shall be adjudged by 43 any court of competent jurisdiction to be invalid, such judgment shall 44 not affect, impair, or invalidate the remainder thereof, but shall be 45 confined in its operation to the clause, sentence, paragraph, subdivi- 46 sion, section, item, subpart or part thereof directly involved in the 47 controversy in which such judgment shall have been rendered. It is here- 48 by declared to be the intent of the legislature that this act would have 49 been enacted even if such invalid provisions had not been included here- 50 in. 51 § 3. This act shall take effect immediately provided, however, that 52 the applicable effective date of Subparts A through D of this act shall 53 be as specifically set forth in the last section of such Subparts.A. 11181 16 1 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 5. This act shall take effect immediately provided, however, that 11 the applicable effective date of Parts A through B of this act shall be 12 as specifically set forth in the last section of such Parts.