MYRIE, BENJAMIN, HOYLMAN, JACKSON, KRUEGER, MAY, PARKER, SERRANO
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).
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
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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
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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
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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.
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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.
