Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that establishes emergency eviction and foreclosure protections.

Highlights:

• Specifies service of the notice of petition with the attached hardship declaration will be made by personal delivery to the respondent, unless such service cannot be made with due diligence (Sec. 5.2).

• Specifies any eviction proceeding in which a warrant has been issued, including eviction proceedings filed on or before March 7, 2020, any warrant issued will not be effective as against the occupants unless such warrant states the following (Sec. 8.b):

• The tenant has not submitted the hardship declaration and the tenant was properly served with a copy of the hardship declaration listing dates the tenant was served with the hardship declaration by the petitioner and the court; or

• The tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior.

• Requires any action to foreclose a mortgage pending on the effective date of this act, including actions filed on or before March 7, 2020, or commenced within 30 days of the effective date of this act to be stayed for at least 60 days, or to such later date that the chief judge will determine if it is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to allow mortgagors to submit the hardship declaration under this act (Sec. 3).

• Prohibits courts from accepting for filing any action to foreclose a mortgage unless the foreclosing party or an agent of the foreclosing party files an affidavit, under penalty of perjury (Sec. 6).

• Specifies if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, the proceeding will be stayed until at least May 1, 2021 (Sec. 7).

• Establishes regulation restricting actions to foreclose a mortgage against a mortgagor suffering from a financial hardship during or due to the COVID-19 pandemic provided that the absence of a hardship declaration will not create a presumption that a financial hardship is not present (Sec. 10).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes emergency eviction and foreclosure protections.

Highlights:

• Specifies service of the notice of petition with the attached hardship declaration will be made by personal delivery to the respondent, unless such service cannot be made with due diligence (Sec. 5.2).

• Specifies any eviction proceeding in which a warrant has been issued, including eviction proceedings filed on or before March 7, 2020, any warrant issued will not be effective as against the occupants unless such warrant states the following (Sec. 8.b):

• The tenant has not submitted the hardship declaration and the tenant was properly served with a copy of the hardship declaration listing dates the tenant was served with the hardship declaration by the petitioner and the court; or

• The tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior.

• Requires any action to foreclose a mortgage pending on the effective date of this act, including actions filed on or before March 7, 2020, or commenced within 30 days of the effective date of this act to be stayed for at least 60 days, or to such later date that the chief judge will determine if it is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to allow mortgagors to submit the hardship declaration under this act (Sec. 3).

• Prohibits courts from accepting for filing any action to foreclose a mortgage unless the foreclosing party or an agent of the foreclosing party files an affidavit, under penalty of perjury (Sec. 6).

• Specifies if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, the proceeding will be stayed until at least May 1, 2021 (Sec. 7).

• Establishes regulation restricting actions to foreclose a mortgage against a mortgagor suffering from a financial hardship during or due to the COVID-19 pandemic provided that the absence of a hardship declaration will not create a presumption that a financial hardship is not present (Sec. 10).

Full Bill Text