LBD07084-01-1
S. 471 2
§ 2. Short title. This act shall be known and may be cited as the
"COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2021".
§ 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 commercial unit or any other judicial or
administrative proceeding to recover possession of real property relat-
ing to a commercial unit.
2. "Landlord" includes a landlord, owner of a commercial 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 commercial small business tenant, as defined in
section 131 of the economic development law, lawful occupant of a
commercial unit, or any other person responsible for paying rent, use
and occupancy, or any other financial obligation under a commercial
lease or tenancy agreement, but does not include a commercial tenant or
lawful occupant with a seasonal use lease where such tenant has a prima-
ry residence 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
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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 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 commercial 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 an
alternative suitable commercial property 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 an alternative
commercial property 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
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does not fully make up for my loss of household income or increased
expenses.
B. ( ) Vacating the premises and moving into a new commercial property
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
commercial 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
commercial tenancy, lease agreement 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 commer-
cial lease or tenancy agreement, law or rule to be provided prior to the
commencement of an eviction proceeding, and with every notice of peti-
tion 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
administration's public website, as provided by section ten of this act,
it shall be the landlord's responsibility to obtain a suitable trans-
lation 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
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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.
§ 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 commercial 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 commercial unit that
is the subject of the proceeding, or
b. attesting that the respondent or another tenant or occupant of the
commercial unit that is the subject of the proceeding has returned a
hardship declaration, but the respondent is persistently and unreason-
ably engaging 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 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
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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.
§ 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
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to the court indicating the appropriate index/case number the form is
associated with.
§ 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
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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.
§ 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 commercial 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 commercial units whether
directly or indirectly. The ten or fewer commercial units may be in more
than one property or building as long as the total aggregate number of
ten units includes the primary commercial property of the natural person
requesting such relief and the remaining units are currently occupied by
a tenant or are available for rent.
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.
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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 commercial unit).
Including my primary residence, I own, whether directly or indirectly,
ten or fewer commercial 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 an alternative
commercial property make it a hardship for me to relocate to another
property 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
commercial mortgage agreement. I further understand that lawful fees,
penalties or interest for not having paid my mortgage in full as
required by my commercial mortgage 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
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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. If the trans-
lation of the hardship declaration in the mortgagor's primary 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 hard-
ship 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, 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
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
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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 commercial 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 commer-
cial units whether directly or indirectly. The ten or fewer commercial
units may be in more than one property or building as long as the total
aggregate number of ten units includes the primary commercial property
of the natural person requesting such relief and the remaining units are
currently occupied by a tenant or are available for rent.
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
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.
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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 commercial property at (address). Including my
primary commercial property, I own, whether directly or indirectly, ten
or fewer commercial units. I am experiencing financial hardship, and I
am unable to pay my full tax bill because of one or more of the follow-
ing:
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 an alternative
commercial property make it a hardship for me to relocate to another
property 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 commercial real property owner may submit a "Hardship Decla-
ration" 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
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
S. 471 13
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 commer-
cial 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
commercial units whether directly or indirectly. The ten or fewer
commercial units may be in more than one property or building as long as
the total aggregate number of ten units includes the primary commercial
property of the natural person requesting such relief and the remaining
units are currently occupied by a tenant or are available for rent.
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
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
S. 471 14
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 commercial
unit). Including my primary commercial property, I own, whether direct-
ly or indirectly, ten or fewer commercial 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 an alternative
commercial property make it a hardship for me to relocate to another
commercial property 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 commercial
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 commercial real property as defined in subdi-
vision one of this section is currently in arrears and has filed a hard-
ship 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 commercial real property as defined in
S. 471 15
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.
§ 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
S. 471 16
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.
