NY State Senate Bill 2021-S6726

Senate Bill S6726

2021-2022 Legislative Session

Amends the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" to expire on June 30, 2021

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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
Jan 05, 2022	referred to housing, construction and community development
May 13, 2021	referred to housing, construction and community development

co-Sponsors

2021-S6726 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property
Laws Affected:: Amd Part A §§1, 4, 6, 7, 8, 9 & 13, Chap 381 of 2020

2021-S6726 (ACTIVE) - Summary

Amends the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" to expire on June 30, 2021.

2021-S6726 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6726

SPONSOR: MARTUCCI
 
TITLE OF BILL:

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 the effectiveness of such chapter

 
PURPOSE:

To align the expiration of New York's eviction moratorium with Federal
CDC Guidance

 
SUMMARY OF PROVISIONS:

Section 1 aligns the expiration of New York's eviction moratorium with
the Federal guidelines from the CDC which recommend they end on June 30,
2021

Section 2 is the effective date

 
JUSTIFICATION:

The onset of the COVID-19 pandemic led the state to take certain justi-
fiable emergency steps to protect public health. Among these steps was
an eviction moratorium that was first implemented via Executive Action
and later codified and extended by the Legislature.  The most recent
extension is in place through August 31, 2021.  Circumstances have dras-
tically shifted since the initial enactment of this legislation.
Vaccines have been successfully deployed across our state and in fact
59.4% of all residents have received a single dose and 47% have
completed the series. In all, nearly 17 million New Yorkers have full or
partial protection from COVID via one of several scientifically recom-
mended vaccines. The positive impact of the vaccine's availability has
led the state to a much more rapid economic and social reopening.
Restrictions and capacity limits have been lifted across all sectors. In
fact, on the same day proponents of extending the eviction moratorium
argued public health required the extension, Governor Cuomo allowed
vaccinated individuals to attend shows and sporting events at stadiums
with NO CAPACITY limits.  The CDC has recommended that eviction morato-
riums end on June 30. As the leading experts on infectious disease in
the country, its glaring that their conclusion is much different than
the one reached by advocates for an August 31 extension here in New
York. This bill would align New York's eviction moratorium with Federal
recommendations and end the moratorium on June 30, rather than August
31.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2021-S6726 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6726
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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 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 4 of section 1 of part A of chapter 381 of  the
 laws of 2020 establishing the "COVID-19 Emergency Eviction and  Foreclo-
 sure  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,
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11331-02-1

 S. 6726                             2
 
 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.
 
 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

 S. 6726                             3
 
 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."
   §  2. 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
 during such hearing and an order to show cause  to  vacate  the  default
 judgment shall not be required.
   §  3.  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

 S. 6726                             4
 
 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.
   §  4. 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.
   § 5. 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.
   §  6. 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.

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Senate Bill S6726

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Sponsored By

Mike Martucci