S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8122
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  chapter  381  of  the  laws of 2020 establishing the
   "COVID-19 Emergency Eviction and Foreclosure Prevention Act of  2020",
   in relation to excluding property owners with ten or less units and in
   relation to the effectiveness of such chapter

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1 of part A of chapter 381 of  the
 laws of 2020 is amended to read as follows:
   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; PROVIDED THAT SUCH  TERM  SHALL  NOT
 INCLUDE  A  LANDLORD  OR  OWNER  WHO  OWNS NOT MORE THAN TEN RESIDENTIAL
 UNITS.
   § 2. Subdivision 4 of section 1 of part A of chapter 381 of  the  laws
 of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure
 Prevention Act of 2020", as amended by chapter 104 of the laws of  2021,
 is amended to read as follows:
   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
 condition,  and  you  sign and deliver this hardship declaration form to
 your landlord, you cannot be evicted until at least [August 31] JUNE 30,

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

                                                            LBD11331-01-1

 A. 8122                             2
 
 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 persis-
 tently   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.
   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. 8122                             3
 
 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 [August 31] JUNE  30,  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."
   § 3. Sections 4, 6 and 7 of part A of chapter 381 of the laws of  2020
 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
 Act of 2020", as amended by chapter 104 of the laws of 2021, are amended
 to read as follows:
   § 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
 [August 31] JUNE 30, 2021, and in such event any specific time limit for
 the commencement of an eviction proceeding shall be tolled until [August
 31] JUNE 30, 2021.
   §  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
 [August 31] JUNE 30, 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.
   § 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 [August 31]  JUNE  30,  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 attesting 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 judg-
 ment 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

 A. 8122                             4
 
 during  such  hearing  and  an order to show cause to vacate the default
 judgment shall not be required.
   §  4.  Subdivision a of section 8 of part A of chapter 381 of the laws
 of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
 Prevention  Act of 2020", as amended by chapter 104 of the laws of 2021,
 is amended to read as follows:
   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 [August  31]  JUNE
 30,  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.
   §  5. Subdivision 4 of section 9 of part A of chapter 381 of  the laws
 of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
 Prevention  Act of 2020", as amended by chapter 104 of the laws of 2021,
 is amended to read as follows:
   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 [August 31] JUNE 30, 2021.
   § 6. Section 13 of part A of chapter 381 of the laws  of  2020  estab-
 lishing  the "COVID-19 Emergency Eviction and Foreclosure Prevention Act
 of 2020", as amended by chapter 104 of the laws of 2021, is  amended  to
 read as follows:
   §  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 [August 31] JUNE 30, 2021.
   §  7. This act shall take effect immediately; provided that the amend-
 ments to chapter 381 of the laws of 2020  made  by  this  act  shall  be
 subject to the expiration and repeal of such provisions and shall expire
 and be deemed repealed therewith.