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S09114 Summary:

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S09114 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9114
 
                    IN SENATE
 
                                    December 24, 2020
                                       ___________
 
        Introduced  by  Sens. KAVANAGH, MYRIE -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Housing,
          Construction and Community Development
 
        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.
    11    § 2. Short title. This act shall be known and  may  be  cited  as  the
    12  "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020".
    13    § 3. Legislative intent. The Legislature finds and declares all of the
    14  following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17721-01-0
        S. 9114                             2
 
     1    On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emergen-
     2  cy  in response to the Coronavirus disease (COVID-19) pandemic. Measures
     3  necessary to contain the spread of COVID-19  have  brought  about  wide-
     4  spread  economic  and societal disruption, placing the state of New York
     5  in unprecedented circumstances.
     6    COVID-19  presents  a  historic  threat  to public health. Hundreds of
     7  thousands of residents are facing eviction or foreclosure due to  neces-
     8  sary  disease  control  measures that closed businesses and schools, and
     9  triggered mass-unemployment across the state. The pandemic  has  further
    10  interrupted  court  operations, the availability of counsel, the ability
    11  for parties to pay for counsel, and the ability to  safely  commute  and
    12  enter a courtroom, settlement conference and the like.
    13    Stabilizing the housing situation for tenants, landlords, and homeown-
    14  ers  is to the mutual benefit of all New Yorkers and will help the state
    15  address the pandemic, protect public  health,  and  set  the  stage  for
    16  recovery.  It  is, therefore, the intent of this legislation to avoid as
    17  many evictions and foreclosures as possible for  people  experiencing  a
    18  financial  hardship  during the COVID-19 pandemic or who cannot move due
    19  to an increased risk of severe illness or death from COVID-19.
    20    As such, it is necessary  to  temporarily  allow  people  impacted  by
    21  COVID-19  to  remain in their homes. A limited, temporary stay is neces-
    22  sary to protect the public health, safety and morals of the  people  the
    23  Legislature  represents  from  the  dangers  of  the  COVID-19 emergency
    24  pandemic.
 
    25                                   PART A
 
    26    Section 1. Definitions. For the purposes of this act:    1.  "Eviction
    27  proceeding"  means  a  summary  proceeding to recover possession of real
    28  property  under  article  seven  of  the  real  property   actions   and
    29  proceedings  law  relating  to  a residential dwelling unit or any other
    30  judicial or administrative proceeding  to  recover  possession  of  real
    31  property relating to a residential dwelling unit.
    32    2. "Landlord" includes a landlord, owner of a residential property and
    33  any  other  person  with  a  legal  right to pursue eviction, possessory
    34  action or a money judgment for rent, including  arrears,  owed  or  that
    35  becomes  due during the COVID-19 covered period, as defined in section 1
    36  of chapter 127 of the laws of 2020.
    37    3. "Tenant" includes a residential tenant, lawful occupant of a dwell-
    38  ing unit, or any other person responsible for paying rent, use and occu-
    39  pancy, or any other financial obligation under a  residential  lease  or
    40  tenancy  agreement,  but does not include a residential tenant or lawful
    41  occupant with a seasonal use lease where such tenant has a primary resi-
    42  dence to which to return to.
    43    4. "Hardship declaration" means the following statement, or a substan-
    44  tially  equivalent  statement  in  the  tenant's  primary  language,  in
    45  14-point  type, published by the office of court administration, whether
    46  in physical or electronic written form:
    47    "NOTICE TO TENANT: If you have lost  income  or  had  increased  costs
    48  during  the COVID-19 pandemic, or moving would pose a significant health
    49  risk for you or a member of your household due to an increased risk  for
    50  severe  illness  or  death  from  COVID-19  due to an underlying medical
    51  condition, and you sign and deliver this hardship  declaration  form  to
    52  your  landlord,  you  cannot  be  evicted until at least May 1, 2021 for
    53  nonpayment of rent or for holding over  after  the  expiration  of  your
    54  lease. You may still be evicted for violating your lease by persistently
        S. 9114                             3
 
     1  and  unreasonably  engaging  in behavior that substantially infringes on
     2  the use and enjoyment of other tenants or occupants or causes a substan-
     3  tial safety hazard to others.
     4    If  your  landlord has provided you with this form, your landlord must
     5  also provide you with a mailing address and e-mail address to which  you
     6  can  return  this form. If your landlord has already started an eviction
     7  proceeding against you, you can return this form to  either  your  land-
     8  lord,  the court, or both at any time. You should keep a copy or picture
     9  of the signed form for your records. You will still owe any unpaid  rent
    10  to  your  landlord.  You should also keep careful track of what you have
    11  paid and any amount you still owe.
    12    For more information about legal resources that may  be  available  to
    13  you,  go  to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
    14  live in New York City or go  to  www.nycourts.gov/evictions/outside-nyc/
    15  or  call  a local bar association or legal services provider if you live
    16  outside of New York City. Rent relief may be available to you,  and  you
    17  should contact your local housing assistance office.
 
    18        TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
    19  I  am  a tenant, lawful occupant, or other person responsible for paying
    20  rent, use and occupancy, or any other financial obligation under a lease
    21  or tenancy agreement at (address of dwelling unit).
    22  YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR   EVICTION PROTECTION  BY
    23  SELECTING OPTION "A" OR "B", OR BOTH.
 
    24  A.  (  ) I am experiencing financial hardship, and I am unable to pay my
    25  rent or other financial obligations under the lease in  full  or  obtain
    26  alternative  suitable  permanent  housing  because of one or more of the
    27  following:
    28    1. Significant loss of household income during the COVID-19 pandemic.
    29    2. Increase in necessary out-of-pocket expenses related to  performing
    30  essential  work or related to health impacts during the COVID-19 pandem-
    31  ic.
    32    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    33  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    34  have negatively affected my ability or the  ability  of  someone  in  my
    35  household to obtain meaningful employment or earn income or increased my
    36  necessary out-of-pocket expenses.
    37    4.  Moving expenses and difficulty I have securing alternative housing
    38  make it a hardship for me to relocate to another  residence  during  the
    39  COVID-19 pandemic.
    40    5. Other circumstances related to the COVID-19 pandemic have negative-
    41  ly affected my ability to obtain meaningful employment or earn income or
    42  have   significantly   reduced  my  household  income  or  significantly
    43  increased my expenses.
    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  B. ( ) Vacating the premises and moving into new permanent housing would
    51  pose  a  significant  health risk because I or one or more members of my
    52  household have an increased  risk  for  severe  illness  or  death  from
        S. 9114                             4
 
     1  COVID-19 due to being over the age of sixty-five, having a disability or
     2  having  an  underlying  medical  condition, which may include but is not
     3  limited to being immunocompromised.

     4  I  understand  that  I  must comply with all other lawful terms under my
     5  tenancy, lease agreement or similar contract. I further understand  that
     6  lawful  fees,  penalties or interest for not having paid rent in full or
     7  met other financial obligations as required by my tenancy, lease  agree-
     8  ment  or  similar  contract  may  still  be charged or collected and may
     9  result in a monetary judgment against me.  I further understand that  my
    10  landlord  may  be  able to seek eviction after May 1, 2021, and that the
    11  law may provide certain protections at that time that are separate  from
    12  those available through this declaration.
 
    13  Signed:
    14  Printed name:
    15  Date signed:
 
    16  NOTICE:  You  are signing and submitting this form under penalty of law.
    17  That means it is against the law to make a statement on this  form  that
    18  you know is false."
    19    §  2. Pending eviction proceedings. Any eviction proceeding pending on
    20  the effective date of this act, including eviction proceedings filed  on
    21  or  before  March 7, 2020, or commenced within thirty days of the effec-
    22  tive date of this act shall be stayed for at least  sixty  days,  or  to
    23  such  later  date that the chief administrative judge shall determine is
    24  necessary to ensure that courts are prepared to conduct  proceedings  in
    25  compliance  with  this  act and to give tenants an opportunity to submit
    26  the hardship declaration pursuant to this act.  The court in  each  case
    27  shall  promptly issue an order directing such stay and promptly mail the
    28  respondent a copy of the hardship declaration in English,  and,  to  the
    29  extent  practicable,  the  tenant's  primary  language,  if  other  than
    30  English.
    31    § 3. Pre-eviction notices. A landlord shall include a "Hardship Decla-
    32  ration" in 14-point type, with every written demand for rent made pursu-
    33  ant to subdivision 2 of section 711 of the  real  property  actions  and
    34  proceedings  law, with any other written notice required by the lease or
    35  tenancy agreement, law or rule to be provided prior to the  commencement
    36  of an eviction proceeding, and with every notice of petition served on a
    37  tenant.   If the translation of the hardship declaration in the tenant's
    38  primary language is not  available  on  the  office  of  court  adminis-
    39  tration's  public  website,  as  provided by section ten of this act, it
    40  shall be the landlord's responsibility to obtain a suitable  translation
    41  of  the  hardship  declaration  in the tenant's primary language.   Such
    42  notice shall also include:
    43    1. a mailing address, telephone number and active  email  address  the
    44  tenant  can use to contact the landlord and return the hardship declara-
    45  tion; and
    46    2. a list of  all  not-for-profit  legal  service  providers  actively
    47  handling  housing  matters  in the county where the subject premises are
    48  located. Such lists shall be prepared  and  regularly  updated,  to  the
    49  extent practicable, for such purpose and published on the website of the
    50  office of court administration.
    51    § 4. Prohibition on initiation of eviction proceeding.  If there is no
    52  pending eviction proceeding and a tenant provides a hardship declaration
    53  to  the  landlord  or an agent of the landlord, there shall be no initi-
        S. 9114                             5
 
     1  ation of an eviction proceeding against the tenant until at least May 1,
     2  2021, and in such event any specific time limit for the commencement  of
     3  an eviction proceeding shall be tolled until May 1, 2021.
     4    § 5. Required affidavit. 1. No court shall accept for filing any peti-
     5  tion or other filing to commence an eviction proceeding unless the peti-
     6  tioner  or  an  agent  of  the petitioner files an affidavit of service,
     7  under penalty of perjury, demonstrating the manner in  which  the  peti-
     8  tioner  or the petitioner's agent served a copy of the hardship declara-
     9  tion in English  and  the  tenant's  primary  language,  if  other  than
    10  English, with any rent demand and with any other written notice required
    11  by  the  lease or tenancy agreement, law or rule to be provided prior to
    12  the commencement of an  eviction  proceeding,  and  an  affidavit  under
    13  penalty of perjury:
    14    a.  attesting  that  at the time of filing, neither the petitioner nor
    15  any agent of the petitioner has received a hardship declaration from the
    16  respondent or any other tenant or occupant of the dwelling unit that  is
    17  the subject of the proceeding, or
    18    b.  attesting that the respondent or another tenant or occupant of the
    19  dwelling unit that is the subject of the proceeding has returned a hard-
    20  ship declaration, but the respondent is  persistently  and  unreasonably
    21  engaging  in behavior that substantially infringes on the use and enjoy-
    22  ment of other tenants or occupants or causes a substantial safety hazard
    23  to others, with a specific description of the behavior alleged.
    24    2. Upon accepting a petition pursuant to article 7 of the real proper-
    25  ty actions and proceedings law, the attorney,  judge  or  clerk  of  the
    26  court,  as  the case may be, shall determine whether a copy of the hard-
    27  ship declaration in English and the tenant's primary language, if  other
    28  than  English,  is annexed to the served notice of petition and, if not,
    29  shall ensure that the hardship declaration is attached to  such  notice.
    30  Service of the notice of petition with the attached hardship declaration
    31  shall  be  made  by  personal  delivery  to  the respondent, unless such
    32  service cannot be made with due diligence, in which case service may  be
    33  made under section 735 of the real property actions and proceedings law.
    34  At  the earliest possible opportunity, the court shall seek confirmation
    35  on the record or in writing from the respondent that the respondent  has
    36  received  the  hardship  declaration  and  that  the  respondent has not
    37  submitted a hardship declaration to the  petitioner,  an  agent  of  the
    38  petitioner,  or  the court. If the court determines a respondent has not
    39  received a hardship declaration, then the court shall stay the  proceed-
    40  ing  for  a  reasonable  period of time, which shall be no less than ten
    41  business days or any longer period provided  by  law,  and  provide  the
    42  respondent  with  a  copy of the hardship declaration in English and the
    43  respondent's primary language, if other  than  English,  to  ensure  the
    44  respondent  received and fully considered whether to submit the hardship
    45  declaration.
    46    § 6. Pending proceedings. In  any  eviction  proceeding  in  which  an
    47  eviction  warrant  has  not  been issued, including eviction proceedings
    48  filed on or before March 7, 2020, if  the  tenant  provides  a  hardship
    49  declaration  to the petitioner, the court, or an agent of the petitioner
    50  or the court, the eviction proceeding shall be stayed until at least May
    51  1, 2021. If such hardship declaration is provided to the  petitioner  or
    52  agent,  such  petitioner or agent shall promptly file it with the court,
    53  advising the court in writing the index number of all relevant cases.
    54    § 7. Default judgments.  No  court  shall  issue  a  judgment  in  any
    55  proceeding  authorizing  a  warrant of eviction against a respondent who
    56  has defaulted, or authorize the enforcement of an eviction pursuant to a
        S. 9114                             6
 
     1  default judgment, prior to May 1, 2021, without first holding a  hearing
     2  after  the effective date of this act upon motion of the petitioner. The
     3  petitioner or an agent of the petitioner shall file an affidavit attest-
     4  ing  that  the petitioner or the petitioner's agent has served notice of
     5  the date, time, and place of such hearing on the respondent, including a
     6  copy of such notice. If a default judgment has been awarded prior to the
     7  effective date of this act, the default judgment shall  be  removed  and
     8  the  matter restored to the court calendar upon the respondent's written
     9  or oral request to the court either before or during such hearing and an
    10  order to show  cause  to  vacate  the  default  judgment  shall  not  be
    11  required.
    12    §  8.  Post warrant of eviction.  a. (i) In any eviction proceeding in
    13  which an eviction warrant has been issued prior to the effective date of
    14  this act, but has not yet been executed as of the effective date of this
    15  act, including eviction proceedings filed on or before  March  7,  2020,
    16  the  court  shall  stay  the execution of the warrant at least until the
    17  court has held a  status  conference  with  the  parties.  (ii)  In  any
    18  eviction  proceeding,  if  the tenant provides a hardship declaration to
    19  the petitioner, the court, or an agent of the petitioner or  the  court,
    20  prior  to  the  execution  of the warrant, the execution shall be stayed
    21  until at least May 1, 2021. If such hardship declaration is provided  to
    22  the  petitioner  or  agent  of  the petitioner, such petitioner or agent
    23  shall promptly file it with the court, advising the court in writing the
    24  index number of all relevant cases.
    25    b. In any eviction proceeding in which  a  warrant  has  been  issued,
    26  including  eviction  proceedings  filed  on or before March 7, 2020, any
    27  warrant issued shall not be effective as against the occupants,  unless,
    28  in  addition  to the requirements under section 749 of the real property
    29  actions and proceedings law for warrants, such warrant states:
    30    (i) The tenant has not submitted  the  hardship  declaration  and  the
    31  tenant  was  properly  served  with  a  copy of the hardship declaration
    32  pursuant to this section, listing dates the tenant was served  with  the
    33  hardship declaration by the petitioner and the court; or
    34    (ii)  The  tenant  is ineligible for a stay under this act because the
    35  court has found that the tenant is persistently and unreasonably  engag-
    36  ing in behavior that substantially infringes on the use and enjoyment of
    37  other  tenants  or  occupants  or  causes a substantial safety hazard to
    38  others, with a specific description of the behavior.
    39    c. No court shall issue a warrant directed to the sheriff of the coun-
    40  ty or to any constable or marshal of the city in which the property,  or
    41  a  portion thereof, is situated, or, if it is not situated in a city, to
    42  any constable of any town in the county, that does not comply  with  the
    43  requirements of this section.
    44    d.  No officer to whom the warrant is directed shall execute a warrant
    45  for eviction issued that does not comply with the requirements  of  this
    46  section.
    47    e. Unless the warrant contains the information contained in paragraph
    48    (ii)  of  subdivision  b  of  this section, if any tenant delivers the
    49  hardship declaration to the officer to whom the warrant is directed, the
    50  officer shall not execute the warrant and shall return the hardship form
    51  to the court indicating the appropriate index/case number  the  form  is
    52  associated with.
    53    §  9.  Sections  two, four, six and paragraph (ii) of subdivision a of
    54  section eight of this act shall not apply if the tenant is  persistently
    55  and  unreasonably  engaging  in behavior that substantially infringes on
        S. 9114                             7
 
     1  the use and enjoyment of other tenants or occupants or causes a substan-
     2  tial safety hazard to others, provided:
     3    1.  If an eviction proceeding is pending on the effective date of this
     4  act, but the petitioner has  not  previously  alleged  that  the  tenant
     5  persistently  and  unreasonably engaged in such behavior, the petitioner
     6  shall be required to submit a new petition  with  such  allegations  and
     7  comply  with  all notice and service requirements under article 7 of the
     8  real property actions and proceedings law and this act.
     9    2. If the court has awarded a judgment against a respondent  prior  to
    10  the effective date of this act on the basis of objectionable or nuisance
    11  behavior, the court shall hold a hearing to determine whether the tenant
    12  is  continuing  to  persist  in  engaging  in unreasonable behavior that
    13  substantially infringes on the use and enjoyment  of  other  tenants  or
    14  occupants or causes a substantial safety hazard to others.
    15    3. For the purposes of this act, a mere  allegation of the behavior by
    16  the  petitioner  or  an  agent  of the petitioner alleging such behavior
    17  shall not be sufficient  evidence  to  establish  that  the  tenant  has
    18  engaged in such behavior.
    19    4.  If  the petitioner fails to establish that the tenant persistently
    20  and unreasonably engaged in such behavior and the tenant provides or has
    21  provided a hardship declaration to the petitioner, petitioner's agent or
    22  the court, the  court  shall  stay  or  continue  to  stay  any  further
    23  proceedings until at least May 1, 2021.
    24    5.  If  the  petitioner  establishes  that the tenant persistently and
    25  unreasonably engaged in such behavior or the tenant fails to  provide  a
    26  hardship declaration to the petitioner, petitioner's agent or the court,
    27  the  proceeding  may continue pursuant to article 7 of the real property
    28  actions and proceedings law and this act.
    29    § 10. Translation of hardship declaration. The office of court  admin-
    30  istration  shall  translate  the  hardship  declaration,  as  defined in
    31  section one of this act, into Spanish and the six most common  languages
    32  in the city of New York, after Spanish, and shall post and maintain such
    33  translations and an English language copy of the hardship declaration on
    34  the  website  of such office beginning within fifteen days of the effec-
    35  tive date of this act.  To the extent practicable, the office  of  court
    36  administration  shall post and maintain on its website translations into
    37  such additional languages as the chief administrative judge  shall  deem
    38  appropriate to ensure that tenants have an opportunity to understand and
    39  submit hardship declarations pursuant to this act.
    40    §  11.  Rebuttable  presumption.  A  hardship declaration in which the
    41  tenant has selected the option indicating  a  financial  hardship  shall
    42  create  a  rebuttable presumption that the tenant is experiencing finan-
    43  cial hardship, in any judicial or administrative proceeding that may  be
    44  brought, for the purposes of establishing a defense under chapter 127 of
    45  the  laws of 2020, an executive order of the governor or any other local
    46  or state law, order or regulation restricting the eviction of  a  tenant
    47  suffering  from  a financial hardship during or due to COVID-19 provided
    48  that the absence of a hardship declaration shall not create  a  presump-
    49  tion that a financial hardship is not present.
    50    §  12. If any clause, sentence, paragraph, section or part of this act
    51  shall be adjudged by any court of competent jurisdiction to  be  invalid
    52  and  after exhaustion of all further judicial review, the judgment shall
    53  not affect, impair or invalidate the remainder  thereof,  but  shall  be
    54  confined in its operation to the clause, sentence, paragraph, section or
    55  part of this act directly involved in the controversy in which the judg-
    56  ment shall have been rendered.
        S. 9114                             8
 
     1    §  13.  This  act shall take effect immediately and sections one, two,
     2  three, four, five, six, seven, eight, nine, ten and twelve of  this  act
     3  shall expire May 1, 2021.
 
     4                                   PART B
 
     5    Section  1. This Part enacts into law components of legislation relat-
     6  ing to mortgage foreclosure, tax foreclosure, credit discrimination  and
     7  tax  renewal  exemption protections.  Each component is wholly contained
     8  within a Subpart identified as Subparts A through D. The effective  date
     9  for each particular provision contained within such Subpart is set forth
    10  in  the  last  section  of  such  Subpart.  Any provision in any section
    11  contained within a Subpart, including the effective date of the Subpart,
    12  which makes  reference  to  a  section  "of  this  act",  when  used  in
    13  connection  with  that particular component, shall be deemed to mean and
    14  refer to the corresponding section of the Subpart in which it is  found.
    15  Section three of this Part sets forth the general effective date of this
    16  Part.
 
    17                                  SUBPART A
 
    18    Section  1.  Application.  This  section  shall apply to any action to
    19  foreclose a mortgage relating to residential real property, provided the
    20  owner or mortgagor of such property is a natural person,  regardless  of
    21  how title is held, and owns ten or fewer dwelling units whether directly
    22  or  indirectly.  The ten or fewer dwelling units may be in more than one
    23  property or building as long as the total aggregate number of ten  units
    24  includes  the  primary  residence  of the natural person requesting such
    25  relief and the remaining units are currently occupied by a tenant or are
    26  available for rent.
    27    (a) For purposes of this  act,  real  property  shall  include  shares
    28  assigned to a unit in a residential cooperative.
    29    (b) For purposes of this act, real property shall not include property
    30  that  is  vacant  and  abandoned, as defined in subdivision 2 of section
    31  1309 of the real property actions and proceedings law, which was  listed
    32  on  the  statewide vacant and abandoned property electronic registry, as
    33  defined in section 1310 of the real  property  actions  and  proceedings
    34  law, prior to March 7, 2020 and that remains on such registry.
    35    Notwithstanding anything to the contrary, this act shall not apply to,
    36  and does not affect any mortgage loans made, insured, purchased or secu-
    37  ritized by a corporate governmental agency of the state constituted as a
    38  political  subdivision and public benefit corporation, or the rights and
    39  obligations of any lender, issuer, servicer or  trustee  of  such  obli-
    40  gations.
    41    § 2. Definitions. For the purposes of this act, "Hardship Declaration"
    42  means  the  following statement, or a substantially equivalent statement
    43  in the mortagor's primary language, in 14-point type, published  by  the
    44  office  of court administration, whether in physical or electronic writ-
    45  ten form:
    46    "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
    47  during  the  COVID-19  pandemic,  and you sign and deliver this hardship
    48  declaration form to your mortgage lender or other foreclosing party, you
    49  cannot be foreclosed on until at least May 1, 2021.
    50    If your mortgage lender or other foreclosing party provided  you  with
    51  this  form,  the  mortgage  lender  or other foreclosing party must also
    52  provide you with a mailing address and e-mail address to which  you  can
        S. 9114                             9
 
     1  return this form. If you are already in foreclosure proceedings, you may
     2  return  this form to the court. You should keep a copy or picture of the
     3  signed form for your records. You will still  owe  any  unpaid  mortgage
     4  payments  and  lawful  fees to your lender. You should also keep careful
     5  track of what you have paid and any amount you still owe.
     6             MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
     7    I am the mortgagor of the property  at  (address  of  dwelling  unit).
     8  Including  my  primary residence, I own, whether directly or indirectly,
     9  ten or fewer residential dwelling units.  I  am  experiencing  financial
    10  hardship,  and  I am unable to pay my mortgage in full because of one or
    11  more of the following:
    12    1. Significant loss of household income during the COVID-19 pandemic.
    13    2. Increase in necessary out-of-pocket expenses related to  performing
    14  essential  work or related to health impacts during the COVID-19 pandem-
    15  ic.
    16    3. Childcare responsibilities  or  responsibilities  to  care  for  an
    17  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    18  have negatively affected my ability or the  ability  of  someone  in  my
    19  household to obtain meaningful employment or earn income or increased my
    20  necessary out-of-pocket expenses.
    21    4.  Moving expenses and difficulty I have securing alternative housing
    22  make it a hardship for me to relocate to another  residence  during  the
    23  COVID-19 pandemic.
    24    5. Other circumstances related to the COVID-19 pandemic have negative-
    25  ly affected my ability to obtain meaningful employment or earn income or
    26  have   significantly   reduced  my  household  income  or  significantly
    27  increased my expenses.
    28    6. One or more of my tenants has defaulted on a significant amount  of
    29  their rent payments since March 1, 2020.
    30    To  the extent I have lost household income or had increased expenses,
    31  any public assistance, including unemployment insurance, pandemic  unem-
    32  ployment  assistance, disability insurance, or paid family leave, that I
    33  have received since the start of the COVID-19 pandemic  does  not  fully
    34  make up for my loss of household income or increased expenses.
    35    I  understand  that I must comply with all other lawful terms under my
    36  mortgage agreement. I further understand that lawful fees, penalties  or
    37  interest for not having paid my mortgage in full as required by my mort-
    38  gage  agreement  may  still  be charged or collected and may result in a
    39  monetary judgment against me. I also understand that my mortgage  lender
    40  or other foreclosing party may pursue a foreclosure action against me on
    41  or  after  May  1,  2021,  if I do not fully repay any missed or partial
    42  payments and lawful fees.
    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. Any action to foreclose a mortgage pending on the effective  date
    50  of  this  act,  including  actions  filed on or before March 7, 2020, or
    51  commenced within thirty days of the effective date of this act shall  be
    52  stayed  for  at  least  sixty days, or to such later date that the chief
    53  administrative judge shall determine is necessary to ensure that  courts
    54  are  prepared  to conduct proceedings in compliance with this act and to
    55  give mortgagors an opportunity to submit the hardship declaration pursu-
    56  ant to this act. The court in each case shall promptly  issue  an  order
        S. 9114                            10
 
     1  directing  such stay and promptly mail the mortgagor a copy of the hard-
     2  ship declaration  in  English,  and,  to  the  extent  practicable,  the
     3  mortgagor's primary language, if other than English.
     4    §  4.  The foreclosing party shall include a "Hardship Declaration" in
     5  14-point type, with every notice provided to  a  mortgagor  pursuant  to
     6  sections 1303 and 1304 of the real property actions and proceedings law.
     7  If the translation of the hardship declaration in the mortgagor's prima-
     8  ry  language  is  not  available on the office of court administration's
     9  public website, as provided by section nine of this act, it shall be the
    10  foreclosing party's responsibility to obtain a suitable  translation  of
    11  the  hardship  declaration  in  the  mortgagor's  primary language. Such
    12  notice shall also include a mailing address, telephone number and active
    13  email address the mortgagor can use to contact the foreclosing party and
    14  return the hardship declaration.
    15    § 5. If a mortgagor provides a hardship declaration to the foreclosing
    16  party or an agent of the foreclosing party, there shall be no initiation
    17  of an action to foreclose a mortgage  against  the  mortgagor  until  at
    18  least  May  1,  2021,  and in such event any specific time limit for the
    19  commencement of an action to foreclose a mortgage shall be tolled  until
    20  May 1, 2021.
    21    §  6. No court shall accept for filing any action to foreclose a mort-
    22  gage unless the foreclosing party or an agent of the  foreclosing  party
    23  files an affidavit, under penalty of perjury:
    24    (i)  of  service  demonstrating  the  manner  in which the foreclosing
    25  party's agent served a copy of the hardship declaration in  English  and
    26  the  mortgagor's  primary  language,  if  other  than  English, with the
    27  notice, if any, provided to the mortgagor pursuant to sections 1303  and
    28  1304 of the real property actions and proceedings law, and
    29    (ii)  attesting  that  at  the time of filing, neither the foreclosing
    30  party nor any agent of the foreclosing party  has  received  a  hardship
    31  declaration from the mortgagor.
    32    At  the  earliest possible opportunity, the court shall seek confirma-
    33  tion on the record or in writing that the mortgagor has received a  copy
    34  of  the hardship declaration and that the mortgagor has not returned the
    35  hardship declaration to the foreclosing party or an agent of  the  fore-
    36  closing  party.   If the court determines a mortgagor has not received a
    37  hardship declaration, then the court shall stay  the  proceeding  for  a
    38  reasonable period of time, which shall be no less than ten business days
    39  or  any  longer period provided by law, to ensure the mortgagor received
    40  and fully considered whether to submit the hardship declaration.
    41    § 7. In any action to foreclose a mortgage in which a judgment of sale
    42  has not been issued, including actions filed on or before March 7, 2020,
    43  if the mortgagor provides a  hardship  declaration  to  the  foreclosing
    44  party, the court, or an agent of the foreclosing party or the court, the
    45  proceeding  shall be stayed until at least May 1, 2021. If such hardship
    46  declaration is provided to the foreclosing party or agent of  the  fore-
    47  closing  party,  such  foreclosing party or agent shall promptly file it
    48  with the court, advising the court in writing the index  number  of  all
    49  relevant cases.
    50    § 8. In any action to foreclose a mortgage in which a judgment of sale
    51  has  been issued prior to the effective date of this act but has not yet
    52  been executed as of the effective date of this  act,  including  actions
    53  filed  on or before March 7, 2020, the court shall stay the execution of
    54  the judgment at least until the court has held a status conference  with
    55  the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
    56  provides a hardship declaration to the foreclosing party, the court,  or
        S. 9114                            11
 
     1  an  agent  of the foreclosing party or the court, prior to the execution
     2  of the judgment, the execution shall be stayed until  at  least  May  1,
     3  2021.  If such hardship declaration is provided to the foreclosing party
     4  or agent of the foreclosing party, such foreclosing party or agent shall
     5  promptly file it with the court, advising the court in writing the index
     6  number of all relevant cases.
     7    §  9.  The office of court administration shall translate the hardship
     8  declaration, as defined in section one of this act, into Spanish and the
     9  six most common languages in the city of New York,  after  Spanish,  and
    10  shall  post  and maintain such translations and an English language copy
    11  of the hardship declaration on the  website  of  such  office  beginning
    12  within fifteen days of the effective date of this act.
    13    §  10.  A  hardship  declaration shall create a rebuttable presumption
    14  that the mortgagor is suffering financial hardship, in any  judicial  or
    15  administrative  proceeding  that  may  be  brought,  for the purposes of
    16  establishing a defense under an executive order of the governor  or  any
    17  other  local  or  state  law, order or regulation restricting actions to
    18  foreclose a mortgage against a  mortgagor  suffering  from  a  financial
    19  hardship  during  or  due  to  the  COVID-19  pandemic provided that the
    20  absence of a hardship declaration shall not create a presumption that  a
    21  financial hardship is not present.
    22    §  11. If any clause, sentence, paragraph, section or part of this act
    23  shall be adjudged by any court of competent jurisdiction to  be  invalid
    24  and  after exhaustion of all further judicial review, the judgment shall
    25  not affect, impair or invalidate the remainder  thereof,  but  shall  be
    26  confined in its operation to the clause, sentence, paragraph, section or
    27  part of this act directly involved in the controversy in which the judg-
    28  ment shall have been rendered.
    29    §  12.  This  act shall take effect immediately and sections one, two,
    30  three, four, five, six, seven, eight, nine and eleven of this act  shall
    31  expire May 1, 2021.
 
    32                                  SUBPART B
 
    33    Section  1.  Application.  This act shall apply to any action to fore-
    34  close on delinquent taxes or sell a tax  lien  relating  to  residential
    35  real  property,  provided  the  owner or mortgagor of such property is a
    36  natural person, regardless of how title is held, and owns ten  or  fewer
    37  dwelling units whether directly or indirectly. The ten or fewer dwelling
    38  units  may be in more than one property or building as long as the total
    39  aggregate number of ten units includes  the  primary  residence  of  the
    40  natural  person  requesting  such  relief  and  the  remaining units are
    41  currently occupied by a tenant or are available for rent.
    42    (a) For purposes of this act, real property shall include shares in  a
    43  residential cooperative.
    44    (b) For purposes of this act, real property shall not include property
    45  that  is  vacant  and  abandoned, as defined in subdivision 2 of section
    46  1309 of the real property actions and proceedings law, which was  listed
    47  on  the  statewide vacant and abandoned property electronic registry, as
    48  defined in section 1310 of the real  property  actions  and  proceedings
    49  law, prior to March 7, 2020 and that remains on such registry.
    50    §  2.  Definitions.  For  purposes of this act: 1. "Tax lien" means an
    51  unpaid tax, special ad valorem levy, special assessment or other  charge
    52  imposed upon real property by or on behalf of a municipal corporation or
    53  special  district  or  other public or private entity which is an encum-
        S. 9114                            12
 
     1  brance on real property, whether or not evidenced by a  written  instru-
     2  ment.
     3    2.  "Tax  foreclosure  and tax lien sale" shall mean any such tax lien
     4  sale or tax foreclosure pursuant to article 11 of the real property  tax
     5  law,  or  any general, special or local law related to real property tax
     6  lien sales or real property tax foreclosures.
     7    3. "Hardship Declaration" means the following statement, or a substan-
     8  tially equivalent statement in the owner's primary language, in 14-point
     9  type, whether in physical or electronic written form:
    10    "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
    11    I am the owner of the property at (address).    Including  my  primary
    12  residence,  I own, whether directly or indirectly, ten or fewer residen-
    13  tial dwelling units.  I am experiencing financial  hardship,  and  I  am
    14  unable to pay my full tax bill because of one or 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 that I have  lost  household  income  or  had  increased
    34  expenses,  any  public  assistance,  including  unemployment  insurance,
    35  pandemic unemployment assistance, disability insurance, or  paid  family
    36  leave,  that  I  have  received since the start of the COVID-19 pandemic
    37  does not fully make up for my loss  of  household  income  or  increased
    38  expenses.
    39    I  understand  that  lawful fees, penalties or interest for not having
    40  paid my taxes in full may still be charged or collected and  may  result
    41  in  a foreclosure action against me on or after May 1, 2021, if I do not
    42  fully repay any missed or partial payments and fees.
    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. 1. A real property owner may submit a "Hardship  Declaration"  to
    50  any  village,  town,  city,  school district, county, or other entity or
    51  person which conducts tax foreclosures or tax lien sales.
    52    2. At least thirty days prior to the date on which a  sale  of  a  tax
    53  lien is scheduled to occur, or upon the filing of a petition of foreclo-
    54  sure  of  a  tax  lien,  the enforcing officer or other person or entity
    55  conducting such tax lien sale or tax foreclosure shall notify the  owner
    56  of the affected property of such owner's rights under this act and shall
        S. 9114                            13
 
     1  notify the owner that a copy of the hardship declaration can be accessed
     2  on  the  New York State Department of Tax and Finance's website and also
     3  provide a link to such declaration form. For the purposes of  this  act,
     4  "enforcing  officer"  shall have the same meaning as defined in subdivi-
     5  sion 3 of section 1102 of the real property tax law. The New York  State
     6  Department  of  Tax  and  Finance  shall  publish a copy of the hardship
     7  declaration on its website.
     8    3. The submission of such  a  declaration,  unless  withdrawn  by  the
     9  owner,  shall  act  as  a  temporary stay applicable to all entities and
    10  persons of all such tax lien  sales  and  tax  foreclosure  actions  and
    11  proceedings  against  such  owner  for  such  property  that  have  been
    12  commenced or could have been commenced before May 1, 2021.
    13    4. While such stay is in effect, no other action or  proceeding  shall
    14  be commenced to recover any part of such delinquent taxes.
    15    5.  Any  applicable statutes of limitation for the commencement of any
    16  action or proceeding to sell a tax lien  or  foreclose  a  tax  lien  is
    17  tolled until such stay has expired. The obligation to pay the balance of
    18  such  delinquent taxes is not rendered invalid, released or extinguished
    19  by such stay.
    20    6. A hardship declaration shall create a rebuttable  presumption  that
    21  the  owner is experiencing financial hardship, in any judicial or admin-
    22  istrative proceeding that may be brought, for the purposes of establish-
    23  ing a defense under an executive order of  the  governor  or  any  other
    24  local  or  state law, order or regulation restricting actions to  sell a
    25  tax lien or foreclose   a tax lien against an  owner  suffering  from  a
    26  financial  hardship during or due  to  the  COVID-19  pandemic, provided
    27  that the absence of a hardship declaration shall not create  a  presump-
    28  tion that a financial hardship is not present.
    29    §  4.  This act shall take effect immediately and sections one and two
    30  and subdivisions one, two, three, four and five of section  three  shall
    31  expire May 1, 2021.
 
    32                                  SUBPART C
 
    33    Section  1.  Application. 1. This act shall apply to an owner of resi-
    34  dential real property, provided the owner or mortgagor of such  property
    35  is  a  natural  person, regardless of how title is held, and owns ten or
    36  fewer dwelling units whether directly or indirectly. The  ten  or  fewer
    37  dwelling  units  may be in more than one property or building as long as
    38  the total aggregate number of ten units includes the  primary  residence
    39  of the natural person requesting such relief and the remaining units are
    40  currently occupied by a tenant or are available for rent.
    41    (a)  For purposes of this act, real property shall include shares in a
    42  residential cooperative.
    43    (b) For purposes of this act, real property shall not include property
    44  that is vacant and abandoned, as defined in  subdivision  2  of  section
    45  1309  of the real property actions and proceedings law, which was listed
    46  on the statewide vacant and abandoned property electronic  registry,  as
    47  defined  in  section  1310  of the real property actions and proceedings
    48  law, prior to March 7, 2020 and that remains on such registry.
    49    2. Hardship declaration. For purposes of this act, "hardship  declara-
    50  tion"  shall mean the following statement, or a substantially equivalent
    51  statement in the owner or  mortgagor's  primary  language,  in  14-point
    52  type, whether in physical or electronic written form, and the department
    53  of  financial  services shall publish a copy of the hardship declaration
    54  on its website:
        S. 9114                            14
 
     1    "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
     2  costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
     3  ship declaration  form  to  your  lending  institution,  you  cannot  be
     4  discriminated  against  in the determination of whether credit should be
     5  extended  or  reported  negatively to a credit reporting agency until at
     6  least May 1, 2021.
     7    If a lending institution provided you  with  this  form,  the  lending
     8  institution  must  also  provide  you  with a mailing address and e-mail
     9  address to which you can return this form. You should  keep  a  copy  or
    10  picture of the signed form for your records.
    11    OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
    12    I  am  the  OWNER/MORTGAGOR  of  the  property at (address of dwelling
    13  unit).  Including my primary residence, I own, whether directly or indi-
    14  rectly, ten or fewer residential dwelling  units.    I  am  experiencing
    15  financial  hardship,  and I am unable to pay my mortgage in full because
    16  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  Signed:
    42  Printed Name:
    43  Date Signed:
    44  NOTICE: You are signing and submitting this form under penalty  of  law.
    45  That  means  it is against the law to make a statement on this form that
    46  you know is false."
    47    3. Discrimination in credit decisions. Notwithstanding any law to  the
    48  contrary,  lending  institutions  shall not discriminate in the determi-
    49  nation of whether credit should be extended to any owner of  residential
    50  real  property as defined in subdivision one of this section because, as
    51  provided for in this act, such owner has been granted a stay of mortgage
    52  foreclosure proceedings, tax foreclosure  proceedings  or  of  tax  lien
    53  sales,  or  that  an  owner  of  residential real property as defined in
    54  subdivision one of this section is currently in arrears and has filed  a
    55  hardship declaration with such lender.
        S. 9114                            15
 
     1    4.  Prohibition  on negative credit reporting. Notwithstanding any law
     2  to the contrary, as provided for in this act, the granting of a stay  of
     3  mortgage  foreclosure  proceedings,  tax  foreclosure proceedings or tax
     4  lien sales, or that an owner of residential real property as defined  in
     5  subdivision  one of this section is currently in arrears and has filed a
     6  hardship declaration with their lender shall not be negatively  reported
     7  to any credit reporting agency.
     8    § 2. This act take effect immediately and shall expire May 1, 2021.
 
     9                                  SUBPART D
 
    10    Section 1. Notwithstanding any other provision of law, in the interest
    11  of  the  health  and  safety of the public due to the novel coronavirus,
    12  COVID-19 pandemic, every governing body of an assessing unit  and  local
    13  assessor  shall  extend  to the 2021 assessment roll, the renewal of the
    14  exemptions received on the 2020 assessment roll pursuant to sections 467
    15  and 459-c of the real property tax law, relating to persons  age  sixty-
    16  five  and  older  and  for certain persons with disabilities and limited
    17  income, and no renewal application shall be  required  of  any  eligible
    18  recipient  who  received either exemption on the 2020 assessment roll in
    19  order for such eligible recipient to continue receiving  such  exemption
    20  at the same amount received on the 2020 assessment roll, except as here-
    21  in provided. Provided however, that the local assessor shall make avail-
    22  able  renewal  applications  through  postal mail or electronic means in
    23  order for eligible recipients to file renewal applications in the  event
    24  that such eligible recipient determines his or her income has changed in
    25  a  manner  that would grant him or her a greater exemption than what was
    26  present on the 2020 assessment roll;  and  provided  further  that  such
    27  governing body may adopt a local law or resolution which includes proce-
    28  dures  by  which  the  assessor  may require a renewal application to be
    29  filed when he or she has reason to believe that an owner  who  qualified
    30  for the exemption on the 2020 assessment roll may have since changed his
    31  or  her  primary residence, added another owner to the deed, transferred
    32  the property to a new owner, or  died;  and  provided  further  that  no
    33  governing body of an assessing unit or local assessor may require eligi-
    34  ble recipients to appear in person to file a renewal application for any
    35  reason.
    36    §  2.  This  act shall take effect immediately and shall expire May 1,
    37  2021. This act shall be deemed to have been in full force and effect  on
    38  and after March 7, 2020.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion,  section,  item,  subpart or part of this act shall be adjudged by
    41  any court of competent jurisdiction to be invalid, such  judgment  shall
    42  not  affect,  impair,  or invalidate the remainder thereof, but shall be
    43  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    44  sion,  section,  item,  subpart or part thereof directly involved in the
    45  controversy in which such judgment shall have been rendered. It is here-
    46  by declared to be the intent of the legislature that this act would have
    47  been enacted even if such invalid provisions had not been included here-
    48  in.
    49    § 3. This act shall take effect immediately  provided,  however,  that
    50  the  applicable effective date of Subparts A through D of this act shall
    51  be as specifically set forth in the last section of such Subparts.
    52    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    53  sion, section or part of this act shall be  adjudged  by  any  court  of
    54  competent  jurisdiction  to  be invalid, such judgment shall not affect,
        S. 9114                            16
 
     1  impair, or invalidate the remainder thereof, but shall  be  confined  in
     2  its  operation  to the clause, sentence, paragraph, subdivision, section
     3  or part thereof directly involved in the controversy in which such judg-
     4  ment shall have been rendered. It is hereby declared to be the intent of
     5  the  legislature  that  this  act  would  have been enacted even if such
     6  invalid provisions had not been included herein.
     7    § 5. This act shall take effect immediately  provided,  however,  that
     8  the  applicable effective date of Parts A through B of this act shall be
     9  as specifically set forth in the last section of such Parts.