Senate Bill S8454A

2019-2020 Legislative Session

Relates to authorizing commercial mortgage forbearance during the COVID-19 pandemic

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Banks 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2019-S8454 - Details

See Assembly Version of this Bill:
A10876
Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add §9-y, Bank L
Versions Introduced in 2021-2022 Legislative Session:
S2195, A6079

2019-S8454 - Summary

Relates to authorizing commercial mortgage forbearance during the COVID-19 pandemic; requires New York regulated institutions to make applications for forbearance available to qualified commercial mortgagors and to grant such forbearance for a period of ninety days, subject to the safety and soundness requirements of the regulated institution.

2019-S8454 - Sponsor Memo

2019-S8454 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8454
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by Sens. KAVANAGH, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Banks
 
 AN ACT to amend the banking law, in relation to  authorizing  commercial
   mortgage forbearance during the COVID-19 pandemic
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The banking law is amended by adding a new section  9-x  to
 read as follows:
   § 9-X. MORTGAGE FORBEARANCE. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL
 THE DATE ON WHICH NONE  OF  THE  PROVISIONS  THAT  CLOSED  OR  OTHERWISE
 RESTRICTED  PUBLIC  OR  PRIVATE  BUSINESSES OR PLACES OF PUBLIC ACCOMMO-
 DATION, OR REQUIRED POSTPONEMENT OR CANCELLATION  OF  ALL  NON-ESSENTIAL
 GATHERINGS  OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER
 NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13
 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS
 202.28 AND 202.31 AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER,
 ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE  TO  APPLY  IN  THE
 COUNTY  IN  WHICH THE PROPERTY ENCUMBERED BY THE MORTGAGE IN QUESTION IS
 LOCATED; AND
   (B) "REGULATED INSTITUTION"  MEANS  ANY  NEW  YORK  REGULATED  BANKING
 ORGANIZATION  AS  DEFINED  UNDER THIS CHAPTER AND ANY NEW YORK REGULATED
 MORTGAGE SERVICER ENTITY SUBJECT TO THE AUTHORITY OF THE DEPARTMENT.
   2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  NEW  YORK  REGULATED
 INSTITUTIONS SHALL:
   (A)  MAKE APPLICATIONS FOR FORBEARANCE OF ANY PAYMENT DUE ON A COMMER-
 CIAL MORTGAGE OF A PROPERTY LOCATED IN NEW YORK WIDELY AVAILABLE TO  ANY
 QUALIFIED  COMMERCIAL  MORTGAGOR  INCLUDING  THOSE  WHO  ARE  ALREADY IN
 ARREARS OR ON A TRIAL PERIOD PLAN OR WHO HAVE  APPLIED  FOR  LOSS  MITI-
 GATION AND WHO DEMONSTRATE FINANCIAL HARDSHIP DURING THE COVERED PERIOD;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16436-02-0
              

co-Sponsors

2019-S8454A (ACTIVE) - Details

See Assembly Version of this Bill:
A10876
Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add §9-y, Bank L
Versions Introduced in 2021-2022 Legislative Session:
S2195, A6079

2019-S8454A (ACTIVE) - Summary

Relates to authorizing commercial mortgage forbearance during the COVID-19 pandemic; requires New York regulated institutions to make applications for forbearance available to qualified commercial mortgagors and to grant such forbearance for a period of ninety days, subject to the safety and soundness requirements of the regulated institution.

2019-S8454A (ACTIVE) - Sponsor Memo

2019-S8454A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8454--A
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by Sens. KAVANAGH, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Banks  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the banking law, in relation to  authorizing  commercial
   mortgage forbearance during the COVID-19 pandemic

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The banking law is amended by adding a new section  9-y  to
 read as follows:
   § 9-Y. MORTGAGE FORBEARANCE. 1. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS MARCH SEVENTH, TWO THOUSAND TWENTY UNTIL
 THE DATE ON WHICH NONE  OF  THE  PROVISIONS  THAT  CLOSED  OR  OTHERWISE
 RESTRICTED  PUBLIC  OR  PRIVATE  BUSINESSES OR PLACES OF PUBLIC ACCOMMO-
 DATION, OR REQUIRED POSTPONEMENT OR CANCELLATION  OF  ALL  NON-ESSENTIAL
 GATHERINGS  OF INDIVIDUALS OF ANY SIZE FOR ANY REASON IN EXECUTIVE ORDER
 NUMBERS 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13
 OR 202.14 OF TWO THOUSAND TWENTY, AS EXTENDED BY EXECUTIVE ORDER NUMBERS
 202.28 AND 202.31 AND AS FURTHER EXTENDED BY ANY FUTURE EXECUTIVE ORDER,
 ISSUED IN RESPONSE TO THE COVID-19 PANDEMIC CONTINUE  TO  APPLY  IN  THE
 COUNTY  IN  WHICH THE PROPERTY ENCUMBERED BY THE MORTGAGE IN QUESTION IS
 LOCATED; AND
   (B) "REGULATED INSTITUTION"  MEANS  ANY  NEW  YORK  REGULATED  BANKING
 ORGANIZATION  AS  DEFINED  UNDER THIS CHAPTER AND ANY NEW YORK REGULATED
 MORTGAGE SERVICER ENTITY SUBJECT TO THE AUTHORITY OF THE DEPARTMENT.
   2. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  NEW  YORK  REGULATED
 INSTITUTIONS SHALL:
   (A)  MAKE APPLICATIONS FOR FORBEARANCE OF ANY PAYMENT DUE ON A COMMER-
 CIAL MORTGAGE OF A PROPERTY LOCATED IN NEW YORK WIDELY AVAILABLE TO  ANY
 QUALIFIED  COMMERCIAL  MORTGAGOR  INCLUDING  THOSE  WHO  ARE  ALREADY IN
 ARREARS OR ON A TRIAL PERIOD PLAN OR WHO HAVE  APPLIED  FOR  LOSS  MITI-
 GATION AND WHO DEMONSTRATE FINANCIAL HARDSHIP DURING THE COVERED PERIOD;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.