The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11181
 
                           I N  A S S E M B L Y
 
                             December 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Dinowitz,
   Cymbrowitz, Heastie, Reyes, Richardson,  Epstein,  Gottfried,  Lentol,
   Weinstein,  Nolan, Abbate, Glick, Aubry, Cahill, Perry, Ortiz, Colton,
   Ramos, Benedetto, Jaffee, L. Rosenthal,  DenDekker,  Thiele,  Bronson,
   Rodriguez,  Simotas,  Weprin,  Quart,  Kim,  Mosley, Davila, Pichardo,
   Blake, Seawright, Simon, Hyndman, Carroll,  De La Rosa,  Niou,  Vanel,
   Taylor,  Cruz, Darling, Fernandez, Anderson) -- read once and referred
   to the Committee on Judiciary
 
 AN ACT establishing the "COVID-19  Emergency  Eviction  and  Foreclosure
   Prevention  Act  of 2020"; in relation to eviction proceedings; and to
   provide for the expiration of certain provisions upon  the  expiration
   thereof  (Part A); in relation to foreclosure proceedings; and provid-
   ing for the expiration of certain provisions upon the expiration ther-
   eof (Subpart A); in relation to tax sales; and providing for the expi-
   ration of certain provisions upon the expiration thereof (Subpart  B);
   to  establish  hardship  declarations  for  owners of residential real
   property; and providing for the expiration of such provisions upon the
   expiration thereof (Subpart C); and to authorize every governing  body
   of  an assessing unit and local assessor to extend to the 2021 assess-
   ment roll, the renewal of the exemptions received on the 2020  assess-
   ment  roll;  and to provide for the expiration of such provisions upon
   the expiration thereof (Subpart D) (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections.  Each  component  is wholly
 contained within a Part identified as Parts A through B.  The  effective
 date  for  each  particular  provision contained within such Part is set
 forth in the last section of such Part. Any  provision  in  any  section
 contained within a Part, including the effective date of the Part, which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the Part in which it is found. Section four  of
 this act sets forth the general effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17721-01-0

 A. 11181                            2
 
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020".
   § 3. Legislative intent. The Legislature finds and declares all of the
 following:
   On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emergen-
 cy  in response to the Coronavirus disease (COVID-19) pandemic. Measures
 necessary to contain the spread of COVID-19  have  brought  about  wide-
 spread  economic  and societal disruption, placing the state of New York
 in unprecedented circumstances.
   COVID-19 presents a historic threat  to  public  health.  Hundreds  of
 thousands  of residents are facing eviction or foreclosure due to neces-
 sary disease control measures that closed businesses  and  schools,  and
 triggered  mass-unemployment  across the state. The pandemic has further
 interrupted court operations, the availability of counsel,  the  ability
 for  parties  to  pay for counsel, and the ability to safely commute and
 enter a courtroom, settlement conference and the like.
   Stabilizing the housing situation for tenants, landlords, and homeown-
 ers is to the mutual benefit of all New Yorkers and will help the  state
 address  the  pandemic,  protect  public  health,  and set the stage for
 recovery. It is, therefore, the intent of this legislation to  avoid  as
 many  evictions  and  foreclosures as possible for people experiencing a
 financial hardship during the COVID-19 pandemic or who cannot  move  due
 to an increased risk of severe illness or death from COVID-19.
   As  such,  it  is  necessary  to  temporarily allow people impacted by
 COVID-19 to remain in their homes. A limited, temporary stay  is  neces-
 sary  to  protect the public health, safety and morals of the people the
 Legislature represents  from  the  dangers  of  the  COVID-19  emergency
 pandemic.
 
                                  PART A
 
   Section  1.  Definitions.  For the purposes of this act:  1. "Eviction
 proceeding" means a summary proceeding to  recover  possession  of  real
 property   under   article  seven  of  the  real  property  actions  and
 proceedings law relating to a residential dwelling  unit  or  any  other
 judicial  or  administrative  proceeding  to  recover possession of real
 property relating to a residential dwelling unit.
   2. "Landlord" includes a landlord, owner of a residential property and
 any other person with a  legal  right  to  pursue  eviction,  possessory
 action  or  a  money  judgment for rent, including arrears, owed or that
 becomes due during the COVID-19 covered period, as defined in section  1
 of chapter 127 of the laws of 2020.
   3. "Tenant" includes a residential tenant, lawful occupant of a dwell-
 ing unit, or any other person responsible for paying rent, use and occu-
 pancy,  or  any  other financial obligation under a residential lease or
 tenancy agreement, but does not include a residential tenant  or  lawful
 occupant with a seasonal use lease where such tenant has a primary resi-
 dence to which to return to.
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point type, published by the office of court administration,  whether
 in physical or electronic written form:
   "NOTICE  TO  TENANT:  If  you  have lost income or had increased costs
 during the COVID-19 pandemic, or moving would pose a significant  health
 risk  for you or a member of your household due to an increased risk for
 severe illness or death from  COVID-19  due  to  an  underlying  medical

 A. 11181                            3
 
 condition,  and  you  sign and deliver this hardship declaration form to
 your landlord, you cannot be evicted until at  least  May  1,  2021  for
 nonpayment  of  rent  or  for  holding over after the expiration of your
 lease. You may still be evicted for violating your lease by persistently
 and  unreasonably  engaging  in behavior that substantially infringes on
 the use and enjoyment of other tenants or occupants or causes a substan-
 tial safety hazard to others.
   If your landlord has provided you with this form, your  landlord  must
 also  provide you with a mailing address and e-mail address to which you
 can return this form. If your landlord has already started  an  eviction
 proceeding  against  you,  you can return this form to either your land-
 lord, the court, or both at any time. You should keep a copy or  picture
 of  the signed form for your records. You will still owe any unpaid rent
 to your landlord. You should also keep careful track of  what  you  have
 paid and any amount you still owe.
   For  more  information  about legal resources that may be available to
 you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379  if  you
 live  in  New York City or go to www.nycourts.gov/evictions/outside-nyc/
 or call a local bar association or legal services provider if  you  live
 outside  of  New York City. Rent relief may be available to you, and you
 should contact your local housing assistance office.
 
       TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
 I am a tenant, lawful occupant, or other person responsible  for  paying
 rent, use and occupancy, or any other financial obligation under a lease
 or tenancy agreement at (address of dwelling unit).
 YOU  MUST  INDICATE BELOW YOUR QUALIFICATION FOR  EVICTION PROTECTION BY
 SELECTING OPTION "A" OR "B", OR BOTH.
 
 A. ( ) I am experiencing financial hardship, and I am unable to  pay  my
 rent  or  other  financial obligations under the lease in full or obtain
 alternative suitable permanent housing because of one  or  more  of  the
 following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.
   3.  Childcare  responsibilities  or  responsibilities  to  care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have  negatively  affected  my  ability  or the ability of someone in my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4. Moving expenses and difficulty I have securing alternative  housing
 make  it  a  hardship for me to relocate to another residence during the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have  significantly  reduced  my  household  income   or   significantly
 increased my expenses.
 To  the  extent  that  I  have  lost  household  income or had increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic  unemployment  assistance, disability insurance, or paid family
 leave, that I have received since the start  of  the  COVID-19  pandemic
 does  not  fully  make  up  for my loss of household income or increased
 expenses.

 A. 11181                            4

 B. ( ) Vacating the premises and moving into new permanent housing would
 pose a significant health risk because I or one or more  members  of  my
 household  have  an  increased  risk  for  severe  illness or death from
 COVID-19 due to being over the age of sixty-five, having a disability or
 having  an  underlying  medical  condition, which may include but is not
 limited to being immunocompromised.
 
 I understand that I must comply with all other  lawful  terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in a monetary judgment against me.  I further understand that my
 landlord may be able to seek eviction after May 1, 2021,  and  that  the
 law  may provide certain protections at that time that are separate from
 those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 2. Pending eviction proceedings. Any eviction proceeding pending  on
 the  effective date of this act, including eviction proceedings filed on
 or before March 7, 2020, or commenced within thirty days of  the  effec-
 tive  date  of  this  act shall be stayed for at least sixty days, or to
 such later date that the chief administrative judge shall  determine  is
 necessary  to  ensure that courts are prepared to conduct proceedings in
 compliance with this act and to give tenants an  opportunity  to  submit
 the  hardship  declaration pursuant to this act.  The court in each case
 shall promptly issue an order directing such stay and promptly mail  the
 respondent  a  copy  of the hardship declaration in English, and, to the
 extent  practicable,  the  tenant's  primary  language,  if  other  than
 English.
   § 3. Pre-eviction notices. A landlord shall include a "Hardship Decla-
 ration" in 14-point type, with every written demand for rent made pursu-
 ant  to  subdivision  2  of section 711 of the real property actions and
 proceedings law, with any other written notice required by the lease  or
 tenancy  agreement, law or rule to be provided prior to the commencement
 of an eviction proceeding, and with every notice of petition served on a
 tenant.  If the translation of the hardship declaration in the  tenant's
 primary  language  is  not  available  on  the  office of court adminis-
 tration's public website, as provided by section ten  of  this  act,  it
 shall  be the landlord's responsibility to obtain a suitable translation
 of the hardship declaration in the  tenant's  primary  language.    Such
 notice shall also include:
   1.  a  mailing  address, telephone number and active email address the
 tenant can use to contact the landlord and return the hardship  declara-
 tion; and
   2.  a  list  of  all  not-for-profit  legal service providers actively
 handling housing matters in the county where the  subject  premises  are
 located.  Such  lists  shall  be  prepared and regularly updated, to the
 extent practicable, for such purpose and published on the website of the
 office of court administration.

 A. 11181                            5

   § 4. Prohibition on initiation of eviction proceeding.  If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation of an eviction proceeding against the tenant until at least May 1,
 2021,  and in such event any specific time limit for the commencement of
 an eviction proceeding shall be tolled until May 1, 2021.
   § 5. Required affidavit. 1. No court shall accept for filing any peti-
 tion or other filing to commence an eviction proceeding unless the peti-
 tioner or an agent of the petitioner  files  an  affidavit  of  service,
 under  penalty  of  perjury, demonstrating the manner in which the peti-
 tioner or the petitioner's agent served a copy of the hardship  declara-
 tion  in  English  and  the  tenant's  primary  language,  if other than
 English, with any rent demand and with any other written notice required
 by the lease or tenancy agreement, law or rule to be provided  prior  to
 the  commencement  of  an  eviction  proceeding,  and an affidavit under
 penalty of perjury:
   a. attesting that at the time of filing, neither  the  petitioner  nor
 any agent of the petitioner has received a hardship declaration from the
 respondent  or any other tenant or occupant of the dwelling unit that is
 the subject of the proceeding, or
   b. attesting that the respondent or another tenant or occupant of  the
 dwelling unit that is the subject of the proceeding has returned a hard-
 ship  declaration,  but  the respondent is persistently and unreasonably
 engaging in behavior that substantially infringes on the use and  enjoy-
 ment of other tenants or occupants or causes a substantial safety hazard
 to others, with a specific description of the behavior alleged.
   2. Upon accepting a petition pursuant to article 7 of the real proper-
 ty  actions  and  proceedings  law,  the attorney, judge or clerk of the
 court, as the case may be, shall determine whether a copy of  the  hard-
 ship  declaration in English and the tenant's primary language, if other
 than English, is annexed to the served notice of petition and,  if  not,
 shall  ensure  that the hardship declaration is attached to such notice.
 Service of the notice of petition with the attached hardship declaration
 shall be made by  personal  delivery  to  the  respondent,  unless  such
 service  cannot be made with due diligence, in which case service may be
 made under section 735 of the real property actions and proceedings law.
 At the earliest possible opportunity, the court shall seek  confirmation
 on  the record or in writing from the respondent that the respondent has
 received the hardship  declaration  and  that  the  respondent  has  not
 submitted  a  hardship  declaration  to  the petitioner, an agent of the
 petitioner, or the court. If the court determines a respondent  has  not
 received  a hardship declaration, then the court shall stay the proceed-
 ing for a reasonable period of time, which shall be  no  less  than  ten
 business  days  or  any  longer  period provided by law, and provide the
 respondent with a copy of the hardship declaration in  English  and  the
 respondent's  primary  language,  if  other  than English, to ensure the
 respondent received and fully considered whether to submit the  hardship
 declaration.
   §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
 eviction warrant has not been  issued,  including  eviction  proceedings
 filed  on  or  before  March  7, 2020, if the tenant provides a hardship
 declaration to the petitioner, the court, or an agent of the  petitioner
 or the court, the eviction proceeding shall be stayed until at least May
 1,  2021.  If such hardship declaration is provided to the petitioner or
 agent, such petitioner or agent shall promptly file it with  the  court,
 advising the court in writing the index number of all relevant cases.

 A. 11181                            6
 
   §  7.  Default  judgments.  No  court  shall  issue  a judgment in any
 proceeding authorizing a warrant of eviction against  a  respondent  who
 has defaulted, or authorize the enforcement of an eviction pursuant to a
 default  judgment, prior to May 1, 2021, without first holding a hearing
 after  the effective date of this act upon motion of the petitioner. The
 petitioner or an agent of the petitioner shall file an affidavit attest-
 ing that the petitioner or the petitioner's agent has served  notice  of
 the date, time, and place of such hearing on the respondent, including a
 copy of such notice. If a default judgment has been awarded prior to the
 effective  date  of  this act, the default judgment shall be removed and
 the matter restored to the court calendar upon the respondent's  written
 or oral request to the court either before or during such hearing and an
 order  to  show  cause  to  vacate  the  default  judgment  shall not be
 required.
   § 8. Post warrant of eviction.  a. (i) In any eviction  proceeding  in
 which an eviction warrant has been issued prior to the effective date of
 this act, but has not yet been executed as of the effective date of this
 act,  including  eviction  proceedings filed on or before March 7, 2020,
 the court shall stay the execution of the warrant  at  least  until  the
 court  has  held  a  status  conference  with  the  parties. (ii) In any
 eviction proceeding, if the tenant provides a  hardship  declaration  to
 the  petitioner,  the court, or an agent of the petitioner or the court,
 prior to the execution of the warrant, the  execution  shall  be  stayed
 until  at least May 1, 2021. If such hardship declaration is provided to
 the petitioner or agent of the  petitioner,  such  petitioner  or  agent
 shall promptly file it with the court, advising the court in writing the
 index number of all relevant cases.
   b.  In  any  eviction  proceeding  in which a warrant has been issued,
 including eviction proceedings filed on or before  March  7,  2020,  any
 warrant  issued shall not be effective as against the occupants, unless,
 in addition to the requirements under section 749 of the  real  property
 actions and proceedings law for warrants, such warrant states:
   (i)  The  tenant  has  not  submitted the hardship declaration and the
 tenant was properly served with  a  copy  of  the  hardship  declaration
 pursuant  to  this section, listing dates the tenant was served with the
 hardship declaration by the petitioner and the court; or
   (ii) The tenant is ineligible for a stay under this  act  because  the
 court  has found that the tenant is persistently and unreasonably engag-
 ing 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.
   c. No court shall issue a warrant directed to the sheriff of the coun-
 ty  or to any constable or marshal of the city in which the property, or
 a portion thereof, is situated, or, if it is not situated in a city,  to
 any  constable  of any town in the county, that does not comply with the
 requirements of this section.
   d. No officer to whom the warrant is directed shall execute a  warrant
 for  eviction  issued that does not comply with the requirements of this
 section.
   e. Unless the warrant contains the information contained in paragraph
   (ii) of subdivision b of this section,  if  any  tenant  delivers  the
 hardship declaration to the officer to whom the warrant is directed, the
 officer shall not execute the warrant and shall return the hardship form
 to  the  court  indicating the appropriate index/case number the form is
 associated with.

 A. 11181                            7

   § 9. Sections two, four, six and paragraph (ii) of  subdivision  a  of
 section  eight of this act shall not apply if 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 substan-
 tial safety hazard to others, provided:
   1.  If an eviction proceeding is pending on the effective date of this
 act, but the petitioner has  not  previously  alleged  that  the  tenant
 persistently  and  unreasonably engaged in such behavior, the petitioner
 shall be required to submit a new petition  with  such  allegations  and
 comply  with  all notice and service requirements under article 7 of the
 real property actions and proceedings law and this act.
   2. If the court has awarded a judgment against a respondent  prior  to
 the effective date of this act on the basis of objectionable or nuisance
 behavior, the court shall hold a hearing to determine whether the tenant
 is  continuing  to  persist  in  engaging  in unreasonable behavior that
 substantially infringes on the use and enjoyment  of  other  tenants  or
 occupants or causes a substantial safety hazard to others.
   3. For the purposes of this act, a mere  allegation of the behavior by
 the  petitioner  or  an  agent  of the petitioner alleging such behavior
 shall not be sufficient  evidence  to  establish  that  the  tenant  has
 engaged in such behavior.
   4.  If  the petitioner fails to establish that the tenant persistently
 and unreasonably engaged in such behavior and the tenant provides or has
 provided a hardship declaration to the petitioner, petitioner's agent or
 the court, the  court  shall  stay  or  continue  to  stay  any  further
 proceedings until at least May 1, 2021.
   5.  If  the  petitioner  establishes  that the tenant persistently and
 unreasonably engaged in such behavior or the tenant fails to  provide  a
 hardship declaration to the petitioner, petitioner's agent or the court,
 the  proceeding  may continue pursuant to article 7 of the real property
 actions and proceedings law and this act.
   § 10. Translation of hardship declaration. The office of court  admin-
 istration  shall  translate  the  hardship  declaration,  as  defined in
 section one of this act, into Spanish and the six most common  languages
 in the city of New York, after Spanish, and shall post and maintain such
 translations and an English language copy of the hardship declaration on
 the  website  of such office beginning within fifteen days of the effec-
 tive date of this act.  To the extent practicable, the office  of  court
 administration  shall post and maintain on its website translations into
 such additional languages as the chief administrative judge  shall  deem
 appropriate to ensure that tenants have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   §  11.  Rebuttable  presumption.  A  hardship declaration in which the
 tenant has selected the option indicating  a  financial  hardship  shall
 create  a  rebuttable presumption that the tenant is experiencing finan-
 cial hardship, in any judicial or administrative proceeding that may  be
 brought, for the purposes of establishing a defense under chapter 127 of
 the  laws of 2020, an executive order of the governor or any other local
 or state law, order or regulation restricting the eviction of  a  tenant
 suffering  from  a financial hardship during or due to COVID-19 provided
 that the absence of a hardship declaration shall not create  a  presump-
 tion that a financial hardship is not present.
   §  12. If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be

 A. 11181                            8
 
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  13.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine, ten and twelve of  this  act
 shall expire May 1, 2021.

                                  PART B
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to mortgage foreclosure, tax foreclosure, credit discrimination  and
 tax  renewal  exemption protections.  Each component is wholly contained
 within a Subpart identified as Subparts A through D. The effective  date
 for each particular provision contained within such Subpart is set forth
 in  the  last  section  of  such  Subpart.  Any provision in any section
 contained within a Subpart, including the effective date of the Subpart,
 which makes  reference  to  a  section  "of  this  act",  when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Subpart in which it is  found.
 Section three of this Part sets forth the general effective date of this
 Part.

                                 SUBPART A
 
   Section  1.  Application.  This  section  shall apply to any action to
 foreclose a mortgage relating to residential real property, provided the
 owner or mortgagor of such property is a natural person,  regardless  of
 how title is held, and owns ten or fewer dwelling units whether directly
 or  indirectly.  The ten or fewer dwelling units may be in more than one
 property or building as long as the total aggregate number of ten  units
 includes  the  primary  residence  of the natural person requesting such
 relief and the remaining units are currently occupied by a tenant or are
 available for rent.
   (a) For purposes of this  act,  real  property  shall  include  shares
 assigned to a unit in a residential cooperative.
   (b) For purposes of this act, real property shall not include property
 that  is  vacant  and  abandoned, as defined in subdivision 2 of section
 1309 of the real property actions and proceedings law, which was  listed
 on  the  statewide vacant and abandoned property electronic registry, as
 defined in section 1310 of the real  property  actions  and  proceedings
 law, prior to March 7, 2020 and that remains on such registry.
   Notwithstanding anything to the contrary, this act shall not apply to,
 and does not affect any mortgage loans made, insured, purchased or secu-
 ritized by a corporate governmental agency of the state constituted as a
 political  subdivision and public benefit corporation, or the rights and
 obligations of any lender, issuer, servicer or  trustee  of  such  obli-
 gations.
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the  following statement, or a substantially equivalent statement
 in the mortagor's primary language, in 14-point type, published  by  the
 office  of court administration, whether in physical or electronic writ-
 ten form:
   "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
 during  the  COVID-19  pandemic,  and you sign and deliver this hardship
 declaration form to your mortgage lender or other foreclosing party, you
 cannot be foreclosed on until at least May 1, 2021.

 A. 11181                            9
 
   If your mortgage lender or other foreclosing party provided  you  with
 this  form,  the  mortgage  lender  or other foreclosing party must also
 provide you with a mailing address and e-mail address to which  you  can
 return this form. If you are already in foreclosure proceedings, you may
 return  this form to the court. You should keep a copy or picture of the
 signed form for your records. You will still  owe  any  unpaid  mortgage
 payments  and  lawful  fees to your lender. You should also keep careful
 track of what you have paid and any amount you still owe.
            MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the mortgagor of the property  at  (address  of  dwelling  unit).
 Including  my  primary residence, I own, whether directly or indirectly,
 ten or fewer residential dwelling units.  I  am  experiencing  financial
 hardship,  and  I am unable to pay my mortgage in full because of one or
 more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2. Increase in necessary out-of-pocket expenses related to  performing
 essential  work or related to health impacts during the COVID-19 pandem-
 ic.
   3. Childcare responsibilities  or  responsibilities  to  care  for  an
 elderly,  disabled,  or  sick family member during the COVID-19 pandemic
 have negatively affected my ability or the  ability  of  someone  in  my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4.  Moving expenses and difficulty I have securing alternative housing
 make it a hardship for me to relocate to another  residence  during  the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have   significantly   reduced  my  household  income  or  significantly
 increased my expenses.
   6. One or more of my tenants has defaulted on a significant amount  of
 their rent payments since March 1, 2020.
   To  the extent I have lost household income or had increased expenses,
 any public assistance, including unemployment insurance, pandemic  unem-
 ployment  assistance, disability insurance, or paid family leave, that I
 have received since the start of the COVID-19 pandemic  does  not  fully
 make up for my loss of household income or increased expenses.
   I  understand  that I must comply with all other lawful terms under my
 mortgage agreement. I further understand that lawful fees, penalties  or
 interest for not having paid my mortgage in full as required by my mort-
 gage  agreement  may  still  be charged or collected and may result in a
 monetary judgment against me. I also understand that my mortgage  lender
 or other foreclosing party may pursue a foreclosure action against me on
 or  after  May  1,  2021,  if I do not fully repay any missed or partial
 payments and lawful fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 3. 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 thirty days of the effective date of this act shall  be
 stayed  for  at  least  sixty days, or to such later date that the chief
 administrative judge shall determine is necessary to ensure that  courts

 A. 11181                           10
 
 are  prepared  to conduct proceedings in compliance with this act and to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant to this act. The court in each case shall promptly  issue  an  order
 directing  such stay and promptly mail the mortgagor a copy of the hard-
 ship declaration  in  English,  and,  to  the  extent  practicable,  the
 mortgagor's primary language, if other than English.
   §  4.  The foreclosing party shall include a "Hardship Declaration" in
 14-point type, with every notice provided to  a  mortgagor  pursuant  to
 sections 1303 and 1304 of the real property actions and proceedings law.
 If the translation of the hardship declaration in the mortgagor's prima-
 ry  language  is  not  available on the office of court administration's
 public website, as provided by section nine of this act, it shall be the
 foreclosing party's responsibility to obtain a suitable  translation  of
 the  hardship  declaration  in  the  mortgagor's  primary language. Such
 notice shall also include a mailing address, telephone number and active
 email address the mortgagor can use to contact the foreclosing party and
 return the hardship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least  May  1,  2021,  and in such event any specific time limit for the
 commencement of an action to foreclose a mortgage shall be tolled  until
 May 1, 2021.
   §  6. No court shall accept for filing any action to foreclose a mort-
 gage unless the foreclosing party or an agent of the  foreclosing  party
 files an affidavit, under penalty of perjury:
   (i)  of  service  demonstrating  the  manner  in which the foreclosing
 party's agent served a copy of the hardship declaration in  English  and
 the  mortgagor's  primary  language,  if  other  than  English, with the
 notice, if any, provided to the mortgagor pursuant to sections 1303  and
 1304 of the real property actions and proceedings law, and
   (ii)  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration from the mortgagor.
   At  the  earliest possible opportunity, the court shall seek confirma-
 tion on the record or in writing that the mortgagor has received a  copy
 of  the hardship declaration and that the mortgagor has not returned the
 hardship declaration to the foreclosing party or an agent of  the  fore-
 closing  party.   If the court determines a mortgagor has not received a
 hardship declaration, then the court shall stay  the  proceeding  for  a
 reasonable period of time, which shall be no less than ten business days
 or  any  longer period provided by law, to ensure the mortgagor received
 and fully considered whether to submit the hardship declaration.
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has not been issued, including actions filed on or before March 7, 2020,
 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  shall be stayed until at least May 1, 2021. If such hardship
 declaration is provided to the foreclosing party or agent of  the  fore-
 closing  party,  such  foreclosing party or agent shall promptly file it
 with the court, advising the court in writing the index  number  of  all
 relevant cases.
   § 8. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions
 filed  on or before March 7, 2020, the court shall stay the execution of

 A. 11181                           11
 
 the judgment at least until the court has held a status conference  with
 the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
 provides a hardship declaration to the foreclosing party, the court,  or
 an  agent  of the foreclosing party or the court, prior to the execution
 of the judgment, the execution shall be stayed until  at  least  May  1,
 2021.  If such hardship declaration is provided to the foreclosing party
 or agent of the foreclosing party, such foreclosing party or agent shall
 promptly file it with the court, advising the court in writing the index
 number of all relevant cases.
   §  9.  The office of court administration shall translate the hardship
 declaration, as defined in section one of this act, into Spanish and the
 six most common languages in the city of New York,  after  Spanish,  and
 shall  post  and maintain such translations and an English language copy
 of the hardship declaration on the  website  of  such  office  beginning
 within fifteen days of the effective date of this act.
   §  10.  A  hardship  declaration shall create a rebuttable presumption
 that the mortgagor is suffering financial hardship, in any  judicial  or
 administrative  proceeding  that  may  be  brought,  for the purposes of
 establishing a defense under an executive order of the governor  or  any
 other  local  or  state  law, order or 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 shall not create a presumption that  a
 financial hardship is not present.
   §  11. If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  12.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine and eleven of this act  shall
 expire May 1, 2021.
 
                                 SUBPART B

   Section  1.  Application.  This act shall apply to any action to fore-
 close on delinquent taxes or sell a tax  lien  relating  to  residential
 real  property,  provided  the  owner or mortgagor of such property is a
 natural person, regardless of how title is held, and owns ten  or  fewer
 dwelling units whether directly or indirectly. The ten or fewer dwelling
 units  may be in more than one property or building as long as the total
 aggregate number of ten units includes  the  primary  residence  of  the
 natural  person  requesting  such  relief  and  the  remaining units are
 currently occupied by a tenant or are available for rent.
   (a) For purposes of this act, real property shall include shares in  a
 residential cooperative.
   (b) For purposes of this act, real property shall not include property
 that  is  vacant  and  abandoned, as defined in subdivision 2 of section
 1309 of the real property actions and proceedings law, which was  listed
 on  the  statewide vacant and abandoned property electronic registry, as
 defined in section 1310 of the real  property  actions  and  proceedings
 law, prior to March 7, 2020 and that remains on such registry.
   §  2.  Definitions.  For  purposes of this act: 1. "Tax lien" means an
 unpaid tax, special ad valorem levy, special assessment or other  charge

 A. 11181                           12
 
 imposed upon real property by or on behalf of a municipal corporation or
 special  district  or  other public or private entity which is an encum-
 brance on real property, whether or not evidenced by a  written  instru-
 ment.
   2.  "Tax  foreclosure  and tax lien sale" shall mean any such tax lien
 sale or tax foreclosure pursuant to article 11 of the real property  tax
 law,  or  any general, special or local law related to real property tax
 lien sales or real property tax foreclosures.
   3. "Hardship Declaration" means the following statement, or a substan-
 tially equivalent statement in the owner's primary language, in 14-point
 type, whether in physical or electronic written form:
   "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the owner of the property at (address).    Including  my  primary
 residence,  I own, whether directly or indirectly, ten or fewer residen-
 tial dwelling units.  I am experiencing financial  hardship,  and  I  am
 unable to pay my full tax bill because of one or more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.
   3.  Childcare  responsibilities  or  responsibilities  to  care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have  negatively  affected  my  ability  or the ability of someone in my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4. Moving expenses and difficulty I have securing alternative  housing
 make  it  a  hardship for me to relocate to another residence during the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have  significantly  reduced  my  household  income   or   significantly
 increased my expenses.
   6.  One or more of my tenants has defaulted on a significant amount of
 their rent payments since March 1, 2020.
   To the extent that I have  lost  household  income  or  had  increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic unemployment assistance, disability insurance, or  paid  family
 leave,  that  I  have  received since the start of the COVID-19 pandemic
 does not fully make up for my loss  of  household  income  or  increased
 expenses.
   I  understand  that  lawful fees, penalties or interest for not having
 paid my taxes in full may still be charged or collected and  may  result
 in  a foreclosure action against me on or after May 1, 2021, if I do not
 fully repay any missed or partial payments and fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 3. 1. A real property owner may submit a "Hardship  Declaration"  to
 any  village,  town,  city,  school district, county, or other entity or
 person which conducts tax foreclosures or tax lien sales.
   2. At least thirty days prior to the date on which a  sale  of  a  tax
 lien is scheduled to occur, or upon the filing of a petition of foreclo-
 sure  of  a  tax  lien,  the enforcing officer or other person or entity

 A. 11181                           13
 
 conducting such tax lien sale or tax foreclosure shall notify the  owner
 of the affected property of such owner's rights under this act and shall
 notify the owner that a copy of the hardship declaration can be accessed
 on  the  New York State Department of Tax and Finance's website and also
 provide a link to such declaration form. For the purposes of  this  act,
 "enforcing  officer"  shall have the same meaning as defined in subdivi-
 sion 3 of section 1102 of the real property tax law. The New York  State
 Department  of  Tax  and  Finance  shall  publish a copy of the hardship
 declaration on its website.
   3. The submission of such  a  declaration,  unless  withdrawn  by  the
 owner,  shall  act  as  a  temporary stay applicable to all entities and
 persons of all such tax lien  sales  and  tax  foreclosure  actions  and
 proceedings  against  such  owner  for  such  property  that  have  been
 commenced or could have been commenced before May 1, 2021.
   4. While such stay is in effect, no other action or  proceeding  shall
 be commenced to recover any part of such delinquent taxes.
   5.  Any  applicable statutes of limitation for the commencement of any
 action or proceeding to sell a tax lien  or  foreclose  a  tax  lien  is
 tolled until such stay has expired. The obligation to pay the balance of
 such  delinquent taxes is not rendered invalid, released or extinguished
 by such stay.
   6. A hardship declaration shall create a rebuttable  presumption  that
 the  owner is experiencing financial hardship, in any judicial or admin-
 istrative proceeding that may be brought, for the purposes of establish-
 ing a defense under an executive order of  the  governor  or  any  other
 local  or  state law, order or regulation restricting actions to  sell a
 tax lien or foreclose   a tax lien against an  owner  suffering  from  a
 financial  hardship during or due  to  the  COVID-19  pandemic, provided
 that the absence of a hardship declaration shall not create  a  presump-
 tion that a financial hardship is not present.
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four and five of section  three  shall
 expire May 1, 2021.
 
                                 SUBPART C
 
   Section  1.  Application. 1. This act shall apply to an owner of resi-
 dential real property, provided the owner or mortgagor of such  property
 is  a  natural  person, regardless of how title is held, and owns ten or
 fewer dwelling units whether directly or indirectly. The  ten  or  fewer
 dwelling  units  may be in more than one property or building as long as
 the total aggregate number of ten units includes the  primary  residence
 of the natural person requesting such relief and the remaining units are
 currently occupied by a tenant or are available for rent.
   (a)  For purposes of this act, real property shall include shares in a
 residential cooperative.
   (b) For purposes of this act, real property shall not include property
 that is vacant and abandoned, as defined in  subdivision  2  of  section
 1309  of the real property actions and proceedings law, which was listed
 on the statewide vacant and abandoned property electronic  registry,  as
 defined  in  section  1310  of the real property actions and proceedings
 law, prior to March 7, 2020 and that remains on such registry.
   2. Hardship declaration. For purposes of this act, "hardship  declara-
 tion"  shall mean the following statement, or a substantially equivalent
 statement in the owner or  mortgagor's  primary  language,  in  14-point
 type, whether in physical or electronic written form, and the department

 A. 11181                           14
 
 of  financial  services shall publish a copy of the hardship declaration
 on its website:
   "NOTICE  TO  OWNER/MORTGAGOR: If you have lost income or had increased
 costs due to the COVID-19 pandemic, and you sign and deliver this  hard-
 ship  declaration  form  to  your  lending  institution,  you  cannot be
 discriminated against in the determination of whether credit  should  be
 extended  or  reported  negatively to a credit reporting agency until at
 least May 1, 2021.
   If a lending institution provided you  with  this  form,  the  lending
 institution  must  also  provide  you  with a mailing address and e-mail
 address to which you can return this form. You should  keep  a  copy  or
 picture of the signed form for your records.
   OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
   I  am  the  OWNER/MORTGAGOR  of  the  property at (address of dwelling
 unit).  Including my primary residence, I own, whether directly or indi-
 rectly, ten or fewer residential dwelling  units.    I  am  experiencing
 financial  hardship,  and I am unable to pay my mortgage in full because
 of one or more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2. Increase in necessary out-of-pocket expenses related to  performing
 essential  work or related to health impacts during the COVID-19 pandem-
 ic.
   3. Childcare responsibilities  or  responsibilities  to  care  for  an
 elderly,  disabled,  or  sick family member during the COVID-19 pandemic
 have negatively affected my ability or the  ability  of  someone  in  my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4.  Moving expenses and difficulty I have securing alternative housing
 make it a hardship for me to relocate to another  residence  during  the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have   significantly   reduced  my  household  income  or  significantly
 increased my expenses.
   6. One or more of my tenants has defaulted on a significant amount  of
 their rent payments since March 1, 2020.
   To  the  extent  that  I  have  lost household income or had increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic  unemployment  assistance, disability insurance, or paid family
 leave, that I have received since the start  of  the  COVID-19  pandemic
 does  not  fully  make  up  for my loss of household income or increased
 expenses.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   3. Discrimination in credit decisions. Notwithstanding any law to  the
 contrary,  lending  institutions  shall not discriminate in the determi-
 nation of whether credit should be extended to any owner of  residential
 real  property as defined in subdivision one of this section because, as
 provided for in this act, such owner has been granted a stay of mortgage
 foreclosure proceedings, tax foreclosure  proceedings  or  of  tax  lien
 sales,  or  that  an  owner  of  residential real property as defined in

 A. 11181                           15
 
 subdivision one of this section is currently in arrears and has filed  a
 hardship declaration with such lender.
   4.  Prohibition  on negative credit reporting. Notwithstanding any law
 to the contrary, as provided for in this act, the granting of a stay  of
 mortgage  foreclosure  proceedings,  tax  foreclosure proceedings or tax
 lien sales, or that an owner of residential real property as defined  in
 subdivision  one of this section is currently in arrears and has filed a
 hardship declaration with their lender shall not be negatively  reported
 to any credit reporting agency.
   § 2. This act take effect immediately and shall expire May 1, 2021.
 
                                 SUBPART D
 
   Section 1. Notwithstanding any other provision of law, in the interest
 of  the  health  and  safety of the public due to the novel coronavirus,
 COVID-19 pandemic, every governing body of an assessing unit  and  local
 assessor  shall  extend  to the 2021 assessment roll, the renewal of the
 exemptions received on the 2020 assessment roll pursuant to sections 467
 and 459-c of the real property tax law, relating to persons  age  sixty-
 five  and  older  and  for certain persons with disabilities and limited
 income, and no renewal application shall be  required  of  any  eligible
 recipient  who  received either exemption on the 2020 assessment roll in
 order for such eligible recipient to continue receiving  such  exemption
 at the same amount received on the 2020 assessment roll, except as here-
 in provided. Provided however, that the local assessor shall make avail-
 able  renewal  applications  through  postal mail or electronic means in
 order for eligible recipients to file renewal applications in the  event
 that such eligible recipient determines his or her income has changed in
 a  manner  that would grant him or her a greater exemption than what was
 present on the 2020 assessment roll;  and  provided  further  that  such
 governing body may adopt a local law or resolution which includes proce-
 dures  by  which  the  assessor  may require a renewal application to be
 filed when he or she has reason to believe that an owner  who  qualified
 for the exemption on the 2020 assessment roll may have since changed his
 or  her  primary residence, added another owner to the deed, transferred
 the property to a new owner, or  died;  and  provided  further  that  no
 governing body of an assessing unit or local assessor may require eligi-
 ble recipients to appear in person to file a renewal application for any
 reason.
   §  2.  This  act shall take effect immediately and shall expire May 1,
 2021. This act shall be deemed to have been in full force and effect  on
 and after March 7, 2020.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  item,  subpart or part of this act shall be adjudged by
 any court of competent jurisdiction to be invalid, such  judgment  shall
 not  affect,  impair,  or invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence,  paragraph,  subdivi-
 sion,  section,  item,  subpart or part thereof directly involved in the
 controversy in which such judgment shall have been rendered. It is here-
 by declared to be the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through D of this act shall
 be as specifically set forth in the last section of such Subparts.

 A. 11181                           16

   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through B of this act shall  be
 as specifically set forth in the last section of such Parts.