NY State Senate Bill 2019-S8115

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2020	referred to judiciary

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2019-S8115 (ACTIVE) - Details

See Assembly Version of this Bill:: A10167
Current Committee:: Senate Judiciary
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §111, add §§768-a & 1393, RPAP L

2019-S8115 (ACTIVE) - Summary

Prohibits foreclosures and evictions during a state disaster emergency.

2019-S8115 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8115

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to evictions and foreclosures during a state disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would establish a moratorium on evictions and foreclo-
sures during a state disaster emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill defines the terms "state disaster emergency",
"covered period", and "covered action" for the purposes of the bill.

Section 2 of the bill prohibits landlords from evicting tenants during a
state disaster emergency without a court order, and gives the court the
ability to stay eviction proceedings or adjust lease obligations if a

tenant's ability to pay rent is materially affected by a state disaster
emergency.

Section 3 of the bill allows a court to stay a foreclosure proceeding or
adjust lease obligations if an action is filed in court during a period
beginning when a state disaster emergency is declared and lasting until
30 days after the state disaster emergency ends. It also prohibits a
sale, foreclosure, or seizure of property for breach of an obligation
related to a mortgage during such period without a court order.

Section 4 is the effective date.

 
JUSTIFICATION:

In the midst of the public health crisis that has emerged from the
spread of COVID-19, many housing insecure New Yorkers are facing signif-
icant financial hardship, threatening their ability to make their rent
or mortgage payments and making them vulnerable to foreclosure or
eviction.

These people and their families are facing the possibility of homeless-
ness at the same time that government and public health officials are
rightfully urging New Yorkers to stay home, practice social distancing,
and maintain good personal hygiene. This would be impossible for many
housing insecure families should they become homeless, leading to
increased spread of this deadly virus and devastating public health
impacts for all New Yorkers.

Low wage workers are disproportionately affected by the shock waves this
virus is sending through our economy. As they face the potential loss of
crucial sources of income, we must ensure they do not also lose their
housing during this pandemic.  This bill would place a moratorium on
evictions and foreclosures during this time of crisis, preserving access
to stable housing, helping save lives, and protecting those in need.

This approach is consistent with proposals currently being considered in
other states in response to this crisis. Public officials in San Jose,

San Francisco, and L.A. in California and Miami Dade in Florida are
currently advancing similar legislation.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8115 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8115
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced by Sens. HOYLMAN, KAVANAGH -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to evictions and foreclosures during a state  disaster  emer-
   gency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 111 of the real property  actions  and  proceedings
 law  is  amended  by  adding  two  new  subdivisions  6 and 7 to read as
 follows:
   6. AS USED IN SECTIONS 768-A AND 1393 OF THIS CHAPTER, THE TERM "STATE
 DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY  OF
 THE EXECUTIVE LAW.
   7. AS USED IN SECTION 1393 OF THIS CHAPTER, THE TERM:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING ON THE DATE ON WHICH A
 STATE  DISASTER  EMERGENCY  BEGINS AND ENDING ON THE DATE THAT IS THIRTY
 DAYS AFTER THE DATE ON WHICH THAT STATE DISASTER EMERGENCY ENDS; AND
   (B) "COVERED ACTION" MEANS AN ACTION RELATING TO AN OBLIGATION:
   (I) WITH RESPECT TO REAL OR PERSONAL PROPERTY OWNED  BY  A  MORTGAGOR;
 AND
   (II) THAT:
   (A)  ORIGINATED  BEFORE  THE  DATE ON WHICH A STATE DISASTER EMERGENCY
 BEGINS;
   (B) IS IN EFFECT ON THE DATE  ON  WHICH  A  STATE  DISASTER  EMERGENCY
 BEGINS; AND
   (C)  IS  SECURED  BY  A MORTGAGE, TRUST DEED, OR OTHER SECURITY IN THE
 NATURE OF A MORTGAGE.
   § 2. The real property actions  and  proceedings  law  is  amended  by
 adding a new section 768-a to read as follows:
   §  768-A.  EVICTIONS DURING STATE DISASTER EMERGENCY. 1. EXCEPT BY THE
 ORDER OF A COURT, A LANDLORD MAY NOT, DURING A STATE DISASTER EMERGENCY,
 EVICT A TENANT FROM PREMISES THAT ARE OCCUPIED OR INTENDED TO  BE  OCCU-
 PIED PRIMARILY AS A RESIDENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15868-01-0

 S. 8115                             2
 
   2.  (A) UPON AN APPLICATION FOR EVICTION WITH RESPECT TO PREMISES THAT
 ARE OCCUPIED OR INTENDED TO BE OCCUPIED  PRIMARILY  AS  A  RESIDENCE,  A
 COURT  MAY, UPON MOTION OF THE COURT, AND SHALL, IF A REQUEST IS MADE BY
 OR ON BEHALF OF A TENANT, IF THE ABILITY OF THE TENANT TO PAY  THE  RENT
 THAT  IS  THE  SUBJECT  OF  THE ACTION IS MATERIALLY AFFECTED BY A STATE
 DISASTER EMERGENCY:
   (I) STAY THE PROCEEDINGS FOR A PERIOD OF THIRTY DAYS, UNLESS,  IN  THE
 OPINION  OF  THE  COURT,  JUSTICE AND EQUITY REQUIRE A LONGER OR SHORTER
 PERIOD OF TIME; OR
   (II) ADJUST THE OBLIGATION UNDER THE LEASE TO PRESERVE  THE  INTERESTS
 OF ALL PARTIES.
   (B)  IF  A  COURT GRANTS A STAY PURSUANT TO THIS SECTION THE COURT MAY
 GRANT TO THE LANDLORD SUCH RELIEF AS EQUITY MAY REQUIRE.
   § 3. The real property actions  and  proceedings  law  is  amended  by
 adding a new section 1393 to read as follows:
   §  1393. FORECLOSURES DURING STATE DISASTER EMERGENCY. 1. IF A COVERED
 ACTION IS FILED IN A COURT DURING A COVERED PERIOD, THE COURT MAY, AFTER
 A HEARING AND UPON THE MOTION OF THE COURT, AND SHALL, UPON  APPLICATION
 BY  THE  DEFENDANT  IF  THE  ABILITY OF THE DEFENDANT TO COMPLY WITH THE
 COVERED OBLIGATION IS MATERIALLY AFFECTED BY A STATE DISASTER EMERGENCY:
   (A) STAY THE PROCEEDINGS FOR A PERIOD OF TIME AS  JUSTICE  AND  EQUITY
 REQUIRE; OR
   (B) ADJUST THE OBLIGATION TO PRESERVE THE INTERESTS OF ALL PARTIES.
   2.  A  SALE,  FORECLOSURE,  OR  SEIZURE OF PROPERTY FOR A BREACH OF AN
 OBLIGATION DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION  SEVEN  OF  SECTION
 ONE  HUNDRED ELEVEN OF THIS CHAPTER BY A MORTGAGOR SHALL NOT BE VALID IF
 MADE DURING A COVERED PERIOD EXCEPT UPON THE ORDER OF A  COURT  THAT  IS
 GRANTED BEFORE SUCH SALE, FORECLOSURE, OR SEIZURE.
   § 4. This act shall take effect immediately.

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Senate Bill S8115

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2019-S8115 (ACTIVE) - Details

2019-S8115 (ACTIVE) - Summary

2019-S8115 (ACTIVE) - Sponsor Memo

2019-S8115 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8115

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Brian Kavanagh

Anna M. Kaplan

Jen Metzger

Velmanette Montgomery

2019-S8115 (ACTIVE) - Details

2019-S8115 (ACTIVE) - Summary

2019-S8115 (ACTIVE) - Sponsor Memo

2019-S8115 (ACTIVE) - Bill Text download pdf

Comments