The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    471
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  establishing  the  "COVID-19 Emergency Eviction and Foreclosure
   Prevention Act of 2021"; in relation to eviction proceedings;  and  to
   provide  for  the expiration of certain provisions upon the expiration
   thereof (Part A); and in  relation  to  foreclosure  proceedings;  and
   providing for the expiration of certain provisions upon the expiration
   thereof  (Subpart  A); in relation to tax sales; and providing for the
   expiration of certain provisions upon the expiration thereof  (Subpart
   B);  to  establish hardship declarations for owners of commercial real
   property; and providing for the expiration of such provisions upon the
   expiration thereof (Subpart C); and to authorize every governing  body
   of  an assessing unit and local assessor to extend to the 2021 assess-
   ment roll, the renewal of the exemptions received on the 2020  assess-
   ment  roll;  and to provide for the expiration of such provisions upon
   the expiration thereof (Subpart D) (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections.  Each  component  is wholly
 contained within a Part identified as Parts A through B.  The  effective
 date  for  each  particular  provision contained within such Part is set
 forth in the last section of such Part. Any  provision  in  any  section
 contained within a Part, including the effective date of the Part, 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 Part in which it is found. Section four  of
 this act sets forth the general effective date of this act.

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

                                                            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

 S. 471                              3
 
 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

 S. 471                              4
 
 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

 S. 471                              5
 
 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

 S. 471                              6
 
 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

 S. 471                              7
 
 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

 S. 471                              8
 
 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.

 S. 471                              9
 
   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

 S. 471                             10
 
 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

 S. 471                             11
 
 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.

 S. 471                             12
 
   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.