Cuomo Signs Extension Of The COVID-19 Emergency Eviction And Foreclosure Act of 2020 And Emergency "Protect Our Small Businesses" Act Of 2021

[TTL News 313]

Yesterday Governor Andrew M. Cuomo signed an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act. The legislation (S.6362-A/A.7175-A) extends protections prohibiting residential and commercial evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic until August 31, 2021. The legislation adds to New York State's efforts to protect tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic at a critical time in the pandemic's trajectory as the State begins to lift restrictions on public gatherings and businesses.

"As we approach the light at the end of the COVID-19 tunnel, it is critical that we continue to protect both New York's tenants and business owners who have suffered tremendous hardship throughout this entire pandemic," Governor Cuomo said. "Extending this legislation will help to ensure that vulnerable New Yorkers and business owners who are facing eviction through no fault of their own are able to keep their homes and businesses as we continue on the road to recovery and begin to build back our economy better than it was before."

The previously enacted legislation helps both residential and commercial tenants facing eviction and mortgagors facing foreclosure proceedings due the pandemic:

Residential Evictions
The legislation places a moratorium on residential evictions until August 31, 2021 for tenants who have endured COVID-related hardship. Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions. Landlords can evict tenants that are creating safety or health hazards for other tenants, and those tenants who do not submit hardship declarations.

Residential Foreclosure Proceedings
The legislation also places a moratorium on residential foreclosure proceedings until August 31, 2021. Homeowners and small landlords who own 10 or fewer residential dwellings can file hardship declarations with their mortgage lender, other foreclosing party or a court that would prevent a foreclosure.

Commercial Evictions:
The legislation places a moratorium on evictions until August 31, 2021 for commercial tenants have endured COVID-related hardship. The legislation applies to small businesses with under 50 employees that demonstrate a financial hardship. Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions.

Commercial Foreclosure Proceedings:
The legislation places a moratorium on commercial foreclosure proceedings until August 31, 2021. 

Tax Lien Sales
The legislation prevents local governments from engaging in a tax lien sale or a tax foreclosure until at least August 31, 2021. Payments due to the locality are still due.

Credit Discrimination and Negative Credit Reporting
Lending institutions are prohibited from discriminating against a property owner seeking credit because the property owner has been granted a stay of mortgage foreclosure proceedings, tax foreclosure proceedings or tax lien sales. They are also prohibited from discriminating because the owner is in arrears and has filed a hardship declaration with the lender.

Senior Citizens' Homeowner Exemption and Disabled Homeowner Exemption
Local governments are required to carry over SCHE and DHC exemptions from the 2020 assessment roll to the 2021 assessment roll at the same levels. They are also required to provide renewal applications for anyone who may be eligible for a larger exemption in 2021. Localities can also set procedures by which assessors can require renewal applications from people who the assessors believe may no longer be eligible for an exemption in 2021. Recipients of the exemption do not have to file renewal applications in person.

Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 to ensure no tenant was evicted during the height of the public health emergency. The Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately as well as additional legislation providing financial assistance to residential renters and landlords. Additionally, previous Executive Orders have prohibited charges or fees for late rent payments, and tenants facing financial hardship can still use their security deposit as payment and repay their security deposit over time.

[Ann 270]

Cuomo advises New York State opening up by such and such date.   When are his executive privileges expiring?

[Chris 2,213]

I would not want to be a landlord these days. It had to be hard enough before all this started but now? Ugh.

[KarenK 384]

I know there are landlords out there who don't want the relief money because there is some sort of requirement to allow the tenants to stay for a certain amount of time.  One that I read said they had started eviction processes before Covid was a thing and this person is still there because of this.