The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2220
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. NIOU, EPSTEIN, TAYLOR, GLICK, HEVESI, FRONTUS,
   L. ROSENTHAL, BARNWELL, DE LA ROSA, CARROLL, PERRY,  CRUZ,  SEAWRIGHT,
   FALL,  RICHARDSON,  REYES, GOTTFRIED, SIMON, JOYNER, OTIS -- read once
   and referred to the Committee on Judiciary
 
 AN ACT to suspend rent payments  for  certain  residential  tenants  and
   small  business  commercial  tenants  and  to suspend certain mortgage
   payments for ninety days in response to the outbreak of coronavirus
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  (a)  Notwithstanding  any other provision of law, rule or
 regulation to the contrary, any residential  tenant  or  small  business
 commercial  tenant  in the state that has lost income or has been forced
 to close their place of business  as  a  result  of  government  ordered
 restrictions  in  response  to  the outbreak of coronavirus disease 2019
 (COVID-19), shall have all  rent  payments  suspended  for  ninety  days
 following  the  effective  date  of this act. Such residential tenant or
 small business commercial tenant shall not and shall never  be  required
 to  pay  any  rent  waived  during such time period.   Every residential
 tenant or small business commercial tenant whose  lease  expires  during
 this  time  period shall be subject to an automatic renewal lease at the
 current rent charged. Late  fees  shall  not  be  collectable  for  rent
 accrued during this time period.
   (b)  (i)  Any  person  or  entity  who faces a financial hardship as a
 result of being deprived rent payments for  property  pursuant  to  this
 section  shall  receive  forgiveness  on  any mortgage payments for such
 property for ninety days, in an amount determined by the following frac-
 tion multiplied by such mortgage payment, up to the total dollar  amount
 of lost rent:
   (A) The numerator shall be the total amount of rent payments suspended
 for  his  or  her  tenants  over  the ninety day period laid out in this
 section; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03235-01-1

 A. 2220                             2
 
   (B) The denominator shall be the total amount of rent  payments  typi-
 cally  owed for such entire property over the ninety day period laid out
 in this section.
   (ii)  Any person or entity qualifying for mortgage payment forgiveness
 under this subdivision shall not and shall never be required to pay  any
 mortgage waived during such time period.
   §  2. For the purposes of this act, the following terms shall have the
 following meanings:
   (a) "Residential tenant" shall have the same meaning as paragraph  (a)
 of  subdivision  1  of section 235-f of the real property law, those who
 otherwise pay for the use and occupancy of a  residential  dwelling,  or
 occupants  as defined by paragraph (b) of subdivision 1 of section 235-f
 of the real property law.
   (b) "Commercial tenant" shall mean a person or entity lawfully occupy-
 ing a covered property pursuant to a lease or other rental agreement.
   (c) "Covered property" shall mean any building or portion of a  build-
 ing:
   i.  that  is  lawfully used for buying, selling or otherwise providing
 goods or services, or for other lawful business, commercial  or  profes-
 sional services, or manufacturing activities; and
   ii.  for  which a certificate of occupancy authorizing residential use
 of such building or such portion of a building has not been issued.
   (d) "Small business" shall have the same meaning as section 131 of the
 economic development law.
   § 3. This act shall take effect immediately.