The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8240
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT in relation to extending the prohibition on the eviction of resi-
   dential  tenants  who  have  suffered  financial  hardship  during the
   COVID-19 covered period
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 127 of the laws of 2020, relating to
 prohibiting the eviction of residential tenants who have suffered finan-
 cial hardship during the COVID-19 covered period, is amended to read  as
 follows:
   Section  1.  For  the  purposes of this act, "COVID-19 covered period"
 means March 7, 2020 until [the date on which none of the provisions that
 closed or otherwise restricted public or private businesses or places of
 public accommodation, or required postponement or  cancellation  of  all
 non-essential  gatherings  of  individuals of any size for any reason in
 Executive Orders 202.3,  202.4,  202.5,  202.6,  202.7,  202.8,  202.10,
 202.11,  202.13  or  202.14,  as extended by Executive Orders 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 of the
 tenant's or lawful occupant's residence] JANUARY 31, 2022.
   § 2. Paragraph (b) of subdivision 2 of section 2 of chapter 127 of the
 laws  of  2020,  relating  to  prohibiting  the  eviction of residential
 tenants who have suffered financial hardship during the COVID-19 covered
 period, is amended to read as follows:
   (b) In determining whether a tenant  or  lawful  occupant  suffered  a
 financial  hardship  during the COVID-19 covered period, the court shall
 consider, among other relevant factors:
   (i) the tenant's or lawful occupant's income  prior  to  the  COVID-19
 covered period;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13048-03-1

 A. 8240                             2
 
   (ii)  the  tenant's  or  lawful  occupant's income during the COVID-19
 covered period;
   (iii) the tenant's or lawful occupant's liquid assets; [and]
   (iv)  the tenant's or lawful occupant's eligibility for and receipt of
 cash assistance, supplemental nutrition assistance program, supplemental
 security income, the New York State disability program, the home  energy
 assistance  program, [or] unemployment insurance or benefits under state
 or federal law, OR THE EMERGENCY RENTAL ASSISTANCE PROGRAM;
   (V) WHETHER THE TENANT OR LAWFUL OCCUPANT  HAS  SUBMITTED  A  HARDSHIP
 DECLARATION, AS DEFINED IN PART A OF CHAPTER THREE HUNDRED EIGHTY-ONE OF
 THE  LAWS  OF  TWO THOUSAND TWENTY, IN WHICH THE TENANT HAS SELECTED THE
 OPTION INDICATING A FINANCIAL HARDSHIP TO THE LANDLORD, AN AGENT OF  THE
 LANDLORD, OR THE COURT. IF THE TENANT OR LAWFUL OCCUPANT HAS SUBMITTED A
 HARDSHIP  DECLARATION  INDICATING  A FINANCIAL HARDSHIP, SUCH SUBMISSION
 SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE TENANT OR LAWFUL OCCUPANT
 SUFFERED A  FINANCIAL  HARDSHIP  DURING  THE  COVID-19  COVERED  PERIOD;
 PROVIDED  THAT  THE ABSENCE OF A HARDSHIP DECLARATION SHALL NOT CREATE A
 PRESUMPTION THAT THE TENANT OR LAWFUL OCCUPANT DID NOT SUFFER  A  FINAN-
 CIAL HARDSHIP.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 7, 2020.