The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                     1
 
                           Extraordinary Session
 
                             I N  S E N A T E
 
                             September 1, 2021
                                ___________
 
 Introduced  by  Sen.  KAVANAGH  --  (at request of the Governor) -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Rules
 
 AN  ACT to amend subpart A of part BB of chapter 56 of the laws of 2021,
   establishing  a  COVID-19  emergency  rental  assistance  program,  in
   relation  to  eligibility for the COVID-19 emergency rental assistance
   program (Part A); in relation to eviction proceedings;  and  providing
   for  the  repeal  of  certain  provisions  upon the expiration thereof
   (Subpart A); and in relation to foreclosure proceedings; and providing
   for the repeal of  certain  provisions  upon  the  expiration  thereof
   (Subpart B); in relation to tax sales; and providing for the repeal of
   certain  provisions upon the expiration thereof (Subpart C); to estab-
   lish hardship declarations for owners of commercial real property; and
   providing for the repeal of such provisions upon the expiration there-
   of (Subpart D) (Part B); in relation to eviction proceedings;  and  to
   provide  for  the expiration of certain provisions upon the expiration
   thereof (Subpart A);  in  relation  to  foreclosure  proceedings;  and
   providing for the expiration of certain provisions upon the expiration
   thereof  (Subpart  B); in relation to tax sales; and providing for the
   expiration of certain provisions upon the expiration thereof  (Subpart
   C);  and  to establish hardship declarations for owners of residential
   real property; and providing for the  expiration  of  such  provisions
   upon  the  expiration  thereof  (Subpart  D)  (Part C); in relation to
   extending the prohibition on the eviction of residential  tenants  who
   have  suffered  financial  hardship during the COVID-19 covered period
   (Part D); and in relation to  authorizing  political  subdivisions  to
   permit any public body to hold meetings remotely and without in-person
   access  during the COVID-19 state disaster emergency; and provides for
   the repeal of such provisions upon the expiration thereof (Part E)

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12031-01-1

 S. 1                                2
 
   Section 1. This act enacts into law components of legislation relating
 to commercial eviction and foreclosure protections, residential eviction
 and  foreclosure protections and open meetings. Each component is wholly
 contained within a Part identified as Parts A through E.  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.
   § 2. Legislative intent. The legislature finds and declares all of the
 following:
   More  than  two million New Yorkers have been infected by the COVID-19
 coronavirus, and the disease has killed more  than  55,000  New  Yorkers
 since  March  2020.  Measures  necessary  to  contain  the pandemic have
 brought about widespread economic and societal disruption.  Millions  of
 residents  have  experienced  financial  hardship  due to such measures,
 which closed businesses and  schools,  and  resulted  in  income  losses
 across the state.
   The  state  has  enacted a series of statutes that the legislature has
 found necessary to  protect  the  public  health,  safety,  and  general
 welfare  of  the  people  of New York. These measures include the Tenant
 Safe Harbor Act ("TSHA"), the COVID-19 Emergency Eviction  and  Foreclo-
 sure Prevention Act ("CEEFPA"), and COVID-19 Emergency Protect Our Small
 Businesses Act ("CEPOSBA").
   Even  as  New  York  enters a phase of economic recovery, the need for
 continued statutory protections and other emergency public health  meas-
 ures  is demonstrated by rates of transmission in the state. Since early
 July, cases have risen ten-fold, and 95 percent of the sequenced  recent
 positives in New York State were the Delta variant.
   The  evidence  that  residential  eviction  protections  are effective
 public health measures is especially  strong.  The  CDC  has  repeatedly
 found  this  to be so and has urged states to enact and keep residential
 eviction moratoriums in place. A recent  peer-reviewed  study  of  state
 eviction  moratoriums  found  that  "COVID-19  incidence  and  mortality
 increased steadily in states after  eviction  moratoriums  expired,  and
 were  associated with doubling of COVID-19 incidence ... and a five-fold
 increase in COVID-19 mortality ... 16 weeks after moratoriums lapsed."
   In April 2021, the legislature passed the  COVID-19  Emergency  Rental
 Assistance  Program  ("CERAP"), funded with $2.6 billion for residential
 rent and utility assistance. To date, technical and administrative chal-
 lenges, low public awareness of the program, and the slow pace of imple-
 mentation have hampered the program's effectiveness in covering the cost
 of rent arrears and providing widespread eviction protections.
   On August 12, 2021, in the case Chrysafis v. Marks, the  U.S.  Supreme
 Court  enjoined the enforcement of CEEFPA's residential eviction morato-
 rium, finding that provisions that provided for a tenant to self-certify
 financial hardship and delayed a landlord from  contesting  the  certif-
 ication violated constitutional rights to due process.
   Stabilizing housing and small businesses continues to be to the mutual
 benefit  of  all  New  Yorkers  in  that these steps will help the state
 address the COVID-19 pandemic, protect public health, and foster a  full
 and  equitable  recovery. The legislature is especially cognizant of the
 ongoing risks posed by residential evictions stemming  from  non-payment
 of rent during the height of the public health emergency, and its recov-

 S. 1                                3
 
 ery  period,  such  as  the  potential  to  exacerbate the resurgence of
 COVID-19, the damage significant numbers of evictions would cause to the
 state's economic recovery, and the deleterious social and public  health
 effects of homelessness and housing instability.
   For  all  of the foregoing reasons it is necessary to modify the resi-
 dential eviction moratorium to address the Supreme Court's  due  process
 concern,  and  to  extend  and strengthen the protections in the law. In
 addition, it is necessary to temporarily alter certain provisions of the
 open meetings law to ensure that certain public bodies can hold meetings
 and conduct business in a manner that balances public health and  safety
 precautions with the public's right to observe the proceedings.
 
                                  PART A

   Section 1. Subdivision 3 of section 3 of subpart A of part BB of chap-
 ter  56  of  the  laws of 2021, establishing a COVID-19 emergency rental
 assistance program, is amended to read as follows:
   3. A. The commissioner shall develop and promulgate a  form  outlining
 the  obligations  of  each municipal corporation that chooses to partic-
 ipate in the statewide program. Those municipal corporations who  choose
 to  participate  shall  remit  such  form to the office of temporary and
 disability assistance within 10 business days from the date of issuance.
 At such time that the municipal corporation has affirmed  their  partic-
 ipation,  upon  receipt of the completed form by the office of temporary
 and disability assistance and the director of the budget, and the feder-
 al department of the treasury, the  municipal  corporation  shall  remit
 their  allocation  of funds to the state in such manner as determined by
 the division of the budget. Provided, after the office has  acknowledged
 receipt  of the completed form, residents of such [municipality] MUNICI-
 PAL CORPORATION shall be entitled to benefit from funds  made  available
 for this purpose, subject to the continued availability of funds.
   B.  RESIDENTS  OF  A MUNICIPAL CORPORATION THAT CHOOSES NOT TO PARTIC-
 IPATE IN THE STATEWIDE PROGRAM MAY SUBMIT AN APPLICATION TO  THE  STATE-
 WIDE  PROGRAM  IF THE MUNICIPAL CORPORATION HAS DISTRIBUTED OR OBLIGATED
 ALL OF THE MUNICIPAL CORPORATION'S AVAILABLE  FEDERAL  EMERGENCY  RENTAL
 ASSISTANCE  FUNDS  AS  CERTIFIED  BY  THE  CHIEF ELECTED OFFICIAL OF THE
 MUNICIPAL CORPORATION AND THE RESIDENT IS  OTHERWISE  ELIGIBLE  FOR  THE
 STATEWIDE  PROGRAM.    ANY  MUNICIPAL  CORPORATION  THAT  CHOOSES NOT TO
 PARTICIPATE IN THE STATEWIDE PROGRAM  SHALL  NOTIFY  ANY  APPLICANT  FOR
 FEDERAL  EMERGENCY  RENTAL  ASSISTANCE  FUNDS  THAT IS ELIGIBLE FOR SUCH
 ASSISTANCE BUT IS DENIED DUE TO LACK OF FUNDS THAT SUCH APPLICANT MAY BE
 ELIGIBLE TO APPLY TO THE STATEWIDE PROGRAM AND SHALL PROVIDE SUCH APPLI-
 CANT WITH INFORMATION ON HOW TO APPLY TO THE STATEWIDE PROGRAM.  IF  THE
 CHIEF  ELECTED  OFFICIAL  OF  A MUNICIPAL CORPORATION CERTIFIES THAT THE
 MUNICIPAL CORPORATION HAS DISTRIBUTED OR OBLIGATED ALL OF THE  MUNICIPAL
 CORPORATION'S  AVAILABLE  FEDERAL EMERGENCY RENTAL ASSISTANCE FUNDS, THE
 MUNICIPAL CORPORATION SHALL PROVIDE INFORMATION ON ITS WEBSITE INFORMING
 RESIDENTS THAT THEY MAY BE ELIGIBLE TO APPLY TO  THE  STATEWIDE  PROGRAM
 AND  SHALL  PROVIDE  INFORMATION  ON ITS WEBSITE ON HOW TO APPLY FOR THE
 STATEWIDE PROGRAM.
   § 2.  Subdivision 1 of section 6 of subpart A of part BB of chapter 56
 of the laws of 2021, establishing a COVID-19 emergency rental assistance
 program, is amended to read as follows:
   1. As soon as practicable, the commissioner shall make an  application
 for  the  program  available  on  the office of temporary and disability
 assistance's website. The  application  shall  be  available  online  in

 S. 1                                4
 
 English,  Spanish,  Chinese,  Russian,  Korean, Yiddish, Haitian (French
 Creole), Bengali, and, to the extent practicable,  other  commonly  used
 languages.  The  commissioner  shall enable application assistance to be
 offered  via  telephone TO LANDLORDS AND TENANTS and make accommodations
 for those who are hearing or  visually  impaired,  with  referral  to  a
 community based organization as deemed necessary.
   §  3. Paragraph (b) of subdivision 4 of section 6 of subpart A of part
 BB of chapter 56 of the laws of 2021, establishing a COVID-19  emergency
 rental assistance program, is amended to read as follows:
   (b)  Any documentation or information provided to the statewide appli-
 cation, eligibility worker, hotline or community based organization,  or
 obtained  in the course of administering the emergency rental assistance
 program or any other assistance program shall be kept  confidential  and
 shall only be used: (I) for the purposes of determining eligibility, for
 program  administration,  avoiding  duplication of assistance, and other
 uses consistent with State and federal law; AND (II)  BY  THE  NEW  YORK
 STATE  OFFICE OF COURT ADMINISTRATION SO A COURT MAY DETERMINE WHETHER A
 LITIGANT IN A PROCEEDING HAS APPLIED FOR OR BEEN GRANTED ASSISTANCE FROM
 THE EMERGENCY RENTAL ASSISTANCE PROGRAM FOR THE PURPOSES OF ENSURING THE
 AVAILABILITY FOR THE EVICTION PROTECTIONS PROVIDED BY THIS PART.
   § 4. Section 8 of subpart A of part BB of chapter 56 of  the  laws  of
 2021,  establishing  a  COVID-19 emergency rental assistance program, is
 amended to read as follows:
   § 8. Restrictions  on  eviction.  [Eviction]  EXCEPT  AS  PROVIDED  IN
 SECTION  NINE-A  OF  THIS  ACT,  EVICTION  proceedings for a holdover or
 expired lease, or non-payment of rent or utilities that would be  eligi-
 ble  for  coverage  under  this program shall not be commenced against a
 household who has applied for this program OR ANY LOCAL PROGRAM ADMINIS-
 TERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS unless or until
 a determination of ineligibility is made. [If such eviction  proceedings
 are  commenced] EXCEPT AS PROVIDED IN SECTION NINE-A OF THIS ACT, IN ANY
 PENDING EVICTION PROCEEDING, WHETHER FILED PRIOR TO, ON,  OR  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  ACT,  against  a household who HAS APPLIED OR
 subsequently applies for  benefits  under  this  program  OR  ANY  LOCAL
 PROGRAM  ADMINISTERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS
 TO COVER ALL OR PART OF THE  ARREARS  CLAIMED  BY  THE  PETITIONER,  all
 proceedings  shall  be  stayed  pending  a determination of eligibility.
 Evidence of a payment received pursuant to this act OR A  LOCAL  PROGRAM
 ADMINISTERING  FEDERAL  EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS may be
 presented in such proceeding and create a presumption that the  tenant's
 or  occupant's rent or utility obligation for the time period covered by
 the payment has been fully satisfied.
   § 5. Paragraph (d) of subdivision 2 of section 9 of subpart A of  part
 BB  of chapter 56 of the laws of 2021, establishing a COVID-19 emergency
 rental assistance program, is amended to read as follows:
   (d) Acceptance of payment for rent or rental arrears from this program
 OR ANY LOCAL PROGRAM ADMINISTERING FEDERAL EMERGENCY  RENTAL  ASSISTANCE
 PROGRAM  FUNDS  shall  constitute agreement by the recipient landlord or
 property owner: (i) that the arrears covered by this payment are  satis-
 fied  and will not be used as the basis for a non-payment eviction; (ii)
 to waive any late fees due on any rental arrears paid pursuant  to  this
 program;  (iii)  to  not  increase the monthly rent due for the dwelling
 unit such that it shall not be greater than the amount that was  due  at
 the  time of application to the program for any and all months for which
 rental assistance is received and for one year after  the  first  rental
 assistance  payment is received; (iv) not to evict for reason of expired

 S. 1                                5

 lease or holdover tenancy any household on behalf of whom rental assist-
 ance is received for 12 months after the first rental assistance payment
 is received, unless the dwelling unit that is the subject of  the  lease
 or  rental  agreement  is located in a building that contains 4 or fewer
 units, in which case the landlord may decline to  extend  the  lease  or
 tenancy  if  the landlord intends to immediately occupy the unit for the
 landlord's personal use as a primary residence or the use of an  immedi-
 ate  family  member as a primary residence; and (v) to notify the tenant
 of the protections established under this subdivision.  PROVIDED, HOWEV-
 ER, THAT PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE EXTENT THAT
 IT CONFLICTS WITH ANY LEGALLY BINDING AGREEMENT THE  RECIPIENT  LANDLORD
 OR PROPERTY OWNER ENTERED INTO PURSUANT TO A LOCAL PROGRAM ADMINISTERING
 FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS PRIOR TO THE EFFECTIVE
 DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED
 THIS PARAGRAPH, OR  WHERE  THE  RECIPIENT  LANDLORD  OR  PROPERTY  OWNER
 ACCEPTED  PAYMENT FROM SUCH LOCAL PROGRAM PRIOR TO THE EFFECTIVE DATE OF
 THE CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY-ONE  THAT  AMENDED  THIS
 PARAGRAPH.
   §  6.  Subpart  A of part BB of chapter 56 of the laws of 2021, estab-
 lishing a COVID-19 emergency rental assistance program,  is  amended  by
 adding a new section 9-a to read as follows:
   §  9-A.  EXPIRED  LEASE OR HOLDOVER TENANT.  SECTION EIGHT OF THIS ACT
 SHALL NOT APPLY, AND A LANDLORD OR PROPERTY OWNER THAT HAS AGREED NOT TO
 EVICT A HOUSEHOLD FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY PURSU-
 ANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION NINE OF THIS ACT  MAY
 EVICT  SUCH  HOUSEHOLD,  IF  A  TENANT  INTENTIONALLY CAUSES SIGNIFICANT
 DAMAGE TO THE PROPERTY OR IS PERSISTENTLY 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,
 PROVIDED:
   1.  IF  AN EVICTION PROCEEDING IS NOT PENDING ON THE EFFECTIVE DATE OF
 THIS SECTION, THE PETITIONER SHALL FILE AN AFFIDAVIT  UNDER  PENALTY  OF
 PERJURY  WITH  THE  PETITION ATTESTING THAT THE RESPONDENT INTENTIONALLY
 CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR IS PERSISTENTLY AND  UNREA-
 SONABLY  ENGAGING  IN  SUCH BEHAVIOR, WITH A SPECIFIC DESCRIPTION OF THE
 BEHAVIOR ALLEGED.
   2. IF AN EVICTION PROCEEDING IS PENDING ON THE EFFECTIVE DATE OF  THIS
 SECTION,  BUT  THE PETITIONER HAS NOT PREVIOUSLY ALLEGED THAT THE TENANT
 INTENTIONALLY CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR  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.
   3.  IF  THE COURT HAS AWARDED A JUDGMENT AGAINST A RESPONDENT PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION ON  THE  BASIS  OF  OBJECTIONABLE  OR
 NUISANCE  BEHAVIOR,  THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER
 THE TENANT IS CONTINUING TO INTENTIONALLY CAUSE  SIGNIFICANT  DAMAGE  TO
 THE  PROPERTY  OR  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.
   4. FOR THE PURPOSES OF THIS SECTION, 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.
   5.  IF THE PETITIONER FAILS TO ESTABLISH THAT THE TENANT INTENTIONALLY
 CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR PERSISTENTLY AND  UNREASON-

 S. 1                                6
 
 ABLY  ENGAGED  IN  SUCH  BEHAVIOR: (I) IF THE HOUSEHOLD'S APPLICATION IS
 STILL PENDING, THE COURT SHALL STAY OR  CONTINUE  TO  STAY  ANY  FURTHER
 PROCEEDINGS  PENDING  A DETERMINATION OF ELIGIBILITY PURSUANT TO SECTION
 EIGHT  OF  THIS  ACT;  OR  (II)  IF THE LANDLORD HAS ACCEPTED PAYMENT OF
 RENTAL ARREARS AND AGREED NOT TO EVICT THE TENANT PURSUANT TO  PARAGRAPH
 (D)  OF  SUBDIVISION  TWO  OF  SECTION NINE OF THIS ACT, THE COURT SHALL
 DISMISS THE PROCEEDING WITH PREJUDICE.
   6. IF THE PETITIONER ESTABLISHES THAT THE TENANT INTENTIONALLY  CAUSED
 SIGNIFICANT  DAMAGE  TO  THE  PROPERTY  OR PERSISTENTLY AND UNREASONABLY
 ENGAGED IN SUCH BEHAVIOR, THE PROCEEDING MAY CONTINUE PURSUANT TO  ARTI-
 CLE 7 OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  7.  Section 11 of subpart A of part BB of chapter 56 of the laws of
 2021, establishing a COVID-19 emergency rental  assistance  program,  is
 amended to read as follows:
   §  11.  Notice  to  tenants  in  eviction proceedings. In any eviction
 proceeding pending as of the effective date  of  this  article  and  any
 eviction  proceeding  filed  while  applications  are being accepted for
 assistance pursuant to this article  OR  PURSUANT  TO  A  LOCAL  PROGRAM
 ADMINISTERING  FEDERAL  EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS IN THE
 JURISDICTION OF THE COURT, the court shall promptly  make  available  to
 the  respondent  information  regarding how the respondent may apply for
 such assistance in English, and,  to  the  extent  practicable,  in  the
 respondent's primary language, if other than English.
   § 8. This act shall take effect immediately.
 
                                  PART B
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to commercial eviction and foreclosure 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. 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 tenant that is a resident of the
 state, independently owned and operated, not dominant in its  field  and
 employs one hundred or fewer persons.

 S. 1                                7
 
   4. "Hardship declaration" means a. a hardship declaration filed pursu-
 ant to chapters 73, 104 or 154 of the laws of 2021, so long as the busi-
 ness  meets  the  definition  of  tenant  in  subdivision  three of this
 section, or b. the following statement, or  a  substantially  equivalent
 statement  in  the  language  in  which  the commercial lease or tenancy
 agreement was written or negotiated, in 14-point type, published by  the
 office  of court administration, whether in physical or electronic writ-
 ten form:
   "NOTICE TO COMMERCIAL TENANT:  If you have lost significant revenue or
 had significantly increased necessary costs during the COVID-19  pandem-
 ic,  and  you  sign  and  deliver this hardship declaration form to your
 landlord, you may be protected from eviction until at least January  15,
 2022  for nonpayment of rent or for holding over after the expiration of
 your lease.  If your landlord files an  eviction  against  you  and  you
 provide this form to the landlord or the court, the eviction proceedings
 will  be  postponed until January 15, 2022 unless your landlord moves to
 challenge your declaration of hardship. If the court finds your hardship
 claim valid, the eviction proceedings  will  be  postponed  until  after
 January  15, 2022. While the eviction proceedings are postponed, you may
 remain in possession of your unit.  You may still be evicted for violat-
 ing your lease by intentionally causing significant damage to the  prop-
 erty or persistently and unreasonably engaging in behavior that substan-
 tially  infringes on the use and enjoyment of other tenants or occupants
 or causes a substantial safety hazard to others.
   If your landlord has provided you with this form, your  landlord  must
 also  provide you with a mailing address and e-mail address to which you
 can return this form. If your landlord has already started  an  eviction
 proceeding  against  you,  you can return this form to either your land-
 lord, the court, or both at any time. You should keep a copy or  picture
 of  the signed form for your records. You will still owe any unpaid rent
 to your landlord.  To the extent you can pay less than the full rent, it
 is recommended you do so and keep careful track of what  you  have  paid
 and any amount you still owe.
 
          COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
                             COVID-19 PANDEMIC
 
 I  am  the owner, chief executive officer, president, or similar officer
 of (name of business), in which is a commercial tenant  at  (address  of
 commercial  unit).  My business is resident in New York state, independ-
 ently owned and operated, not dominant in its  field,  and  employs  one
 hundred  or  fewer  persons. My business is experiencing financial hard-
 ship, and is unable to pay the rent in full  or  other  financial  obli-
 gations  under  the  lease  in  full  or  obtain an alternative suitable
 commercial property because of one or more of the following:
   (i) Significant loss of revenue during the COVID-19 pandemic.
   (ii) Significant increase in necessary expenses related  to  providing
 personal  protective equipment to employees or purchasing and installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business.
   (iii) Moving  expenses  and  difficulty  in  securing  an  alternative
 commercial  property  make it a hardship for the business to relocate to
 another location during the COVID-19 pandemic.
   To the extent the business has lost revenue or had increased expenses,
 any public assistance the business has received since the start  of  the
 COVID-19  pandemic  must  not  fully  make up for the business's loss of

 S. 1                                8
 
 revenue or increased expenses, and the business still meets  the  afore-
 mentioned eligibility criteria to qualify for a financial hardship.

 I  understand  that the business must comply with all other lawful terms
 under its 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 the commercial tenancy, lease agreement or similar contract may still
 be  charged  or  collected  and  may  result in a monetary judgment.   I
 further understand that the landlord may request a hearing to  challenge
 the  certification  of  hardship  made  herein, and that I will have the
 opportunity to participate in any proceedings regarding the tenancy.   I
 further  understand that the landlord may be able to seek eviction after
 January 15, 2022, and that the law may provide  certain  protections  at
 that  time  that are separate from those available through this declara-
 tion.  I understand that I may be eligible to receive financial  assist-
 ance from the State of New York under the Pandemic Small Business Recov-
 ery  Grant  Program  or  similar  relief  program,  and that I may visit
 https://esd.ny.gov/business-pandemic-recovery-initiative   to    receive
 additional information or call 877-721-0097 for assistance.
 
 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."
   5.  "Hardship"  means a business is unable to pay  the  rent  in  full
 or  other financial  obligations  under the lease in full or  obtain  an
 alternative  suitable  commercial property because of one or more of the
 following reasons and any public assistance the  business  has  received
 since  the start   of   the COVID-19  pandemic  has  not  fully  made up
 for the business's loss of revenue or increased expenses:
   a. Significant loss of revenue during the COVID-19 pandemic; or
   b. Significant increase in necessary  expenses  related  to  providing
 personal  protective equipment to employees or purchasing and installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business; or
   c. Moving expenses and difficulty in securing an  alternative  commer-
 cial property make it a hardship for the business to relocate to another
 location during the COVID-19 pandemic.
   §  2.  No commercial tenant shall be removed from the possession prior
 to January 15, 2022, except by an eviction proceeding.
   § 3. Pre-eviction notices. A landlord shall include a "Hardship Decla-
 ration" with every 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 with every notice of petition or  summons
 and  complaint  served  on  a tenant.   Such notice shall also include a
 mailing address, telephone number and active email  address  the  tenant
 can use to contact the landlord and return the hardship declaration.
   § 4. 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 plaintiff or an agent of the petitioner or plaintiff files an
 affidavit of service, under penalty of perjury, demonstrating the manner
 in which the petitioner or plaintiff or the petitioner's or  plaintiff's

 S. 1                                9

 agent  served  a  copy  of  the  hardship declaration in English and the
 language in which the commercial lease or tenancy agreement was  written
 or  negotiated,  if other than English, with any 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  or
 plaintiff  nor  any  agent of the petitioner or plaintiff has received a
 hardship declaration from the respondent, or
   b. attesting that the respondent or defendant has returned a  hardship
 declaration,  but  the  respondent or defendant is intentionally causing
 significant damage to the  property  or  persistently  and  unreasonably
 engaging  in behavior that substantially infringes on the use and enjoy-
 ment of other tenants or occupants or causes a substantial safety hazard
 to others, with a specific description of the behavior alleged, or
   c. attesting that the respondent or defendant has returned a  hardship
 declaration, but the petitioner or plaintiff believes in good faith that
 the hardship certified in the hardship declaration does not exist.
   2.  Upon  accepting  a  petition  or complaint, the attorney, judge or
 clerk of the court, as the case may be, shall determine whether  a  copy
 of  the  hardship  declaration  in English and the language in which the
 commercial lease or tenancy agreement  was  written  or  negotiated,  if
 other than English, and a copy of any affidavit filed pursuant to subdi-
 vision  1 of this section is annexed to the served notice of petition or
 summons and complaint and, if not, shall ensure that a copy of the hard-
 ship declaration and any such affidavit is attached to  such  notice  or
 summons.  If the petitioner submits an affidavit pursuant to paragraph c
 of  subdivision  1  of  this  section, the following notice, in at least
 fourteen-point type, shall also be annexed as a cover page to the notice
 of petition or summons:
   "NOTICE TO TENANT: THIS IS A PETITION TO COMMENCE AN EVICTION PROCEED-
 ING AGAINST YOU, BUT THE PROCEEDING WILL NOT  CONTINUE  UNTIL  AT  LEAST
 JANUARY  15, 2022, UNLESS YOUR LANDLORD MOVES TO CHALLENGE YOUR CLAIM OF
 AN EXEMPTION FROM EVICTION IN YOUR HARDSHIP DECLARATION FORM.
   IF YOUR LANDLORD MOVES TO CHALLENGE YOUR HARDSHIP CLAIM, YOU ARE ENTI-
 TLED TO A HEARING. IF THE COURT RULES YOUR HARDSHIP CLAIM INVALID  AFTER
 THE  HEARING,  THE  LAWSUIT  MAY  PROCEED  TOWARD POSSIBLE EVICTION, BUT
 UNLESS AND UNTIL THE COURT ISSUES AN EVICTION WARRANT AGAINST  YOU,  YOU
 ARE ENTITLED TO REMAIN IN POSSESSION OF YOUR UNIT."
   At  the  earliest possible opportunity, the court shall seek confirma-
 tion on the record or in writing from the respondent or  defendant  that
 the  respondent  or  defendant has received the hardship declaration and
 whether the respondent or defendant has submitted a hardship declaration
 to the petitioner or plaintiff, an agent of the petitioner or plaintiff,
 or the court. If the court determines a respondent or defendant 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 or defendant with a  copy  of  the  hardship  declaration  in
 English  and,  to  the  extent  practicable,  the  language in which the
 commercial lease or tenancy agreement  was  written  or  negotiated,  if
 other  than  English, to ensure the respondent or defendant received and
 fully considered whether to submit the hardship declaration.
   § 5. Pending proceedings. In  any  eviction  proceeding  in  which  an
 eviction  warrant  or  judgment  of possession or ejectment has not been
 issued, including eviction proceedings filed on or before March 7, 2020,

 S. 1                               10
 
 if the tenant provides a  hardship  declaration  to  the  petitioner  or
 plaintiff,  the court, or an agent of the petitioner or plaintiff or the
 court, the eviction proceeding shall be stayed until  at  least  January
 15,  2022. If such hardship declaration is provided to the petitioner or
 plaintiff or agent, such petitioner or plaintiff or agent shall promptly
 file it with the court, advising the court in writing the  index  number
 of all relevant cases.
   §  6.  Post  warrant  of eviction. 1. a. In any eviction proceeding in
 which an eviction warrant or judgment of  possession  or  ejectment  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 or judgment at least until the court has held a
 status conference with the parties. b. In any  eviction  proceeding,  if
 the  tenant  provides a hardship declaration to the petitioner or plain-
 tiff, the court, or an agent of  the  petitioner  or  plaintiff  or  the
 court,  prior to the execution of the warrant or judgment, the execution
 shall be stayed until at least January 15, 2022. If such hardship decla-
 ration is provided to the petitioner or plaintiff or agent of the  peti-
 tioner or plaintiff, such petitioner or plaintiff or agent shall prompt-
 ly  file  it  with  the  court,  advising the court in writing the index
 number of all relevant cases.
   2. In any eviction proceeding in which a warrant or execution has been
 issued, including eviction proceedings filed on or before March 7, 2020,
 any warrant or execution issued shall not be effective  as  against  the
 occupants,  unless,  in  addition  to other requirements under law, such
 warrant or execution states:
   a. 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 or plaintiff and the court; or
   b.  The  tenant  is  ineligible  for a stay under this act because the
 court has found the tenant's hardship claim invalid, or that the  tenant
 intentionally  caused  significant damage to the property, or 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   substantial  safety  hazard  to  others,  with  a  specific
 description of the behavior.
   3. No court shall issue a warrant or execution directed to the sheriff
 of the county 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.
   4.  No  officer  to  whom  the  warrant or execution is directed shall
 execute a warrant for eviction issued that  does  not  comply  with  the
 requirements of this section.
   5.  Unless the warrant or execution contains the information contained
 in paragraph b of subdivision 2 of this section, if any tenant  delivers
 the hardship declaration to the officer to whom the warrant or execution
 is  directed, the officer shall not execute the warrant or execution and
 shall return the hardship form to the court indicating  the  appropriate
 index/case number the form is associated with.
   §  7.  Section five and paragraph b of subdivision 1 of section six of
 this act shall not apply if the tenant: 1. intentionally caused  signif-
 icant damage to the property; or

 S. 1                               11

   2. is persistently and unreasonably engaging in behavior that substan-
 tially  infringes on the use and enjoyment of other tenants or occupants
 or causes a substantial safety hazard to others, provided:
   a.  If an eviction proceeding is pending on the effective date of this
 act, but the petitioner or plaintiff has not previously alleged that the
 tenant intentionally caused a significant  damage  to  the  property  or
 persistently  and  unreasonably engaged in such behavior, the petitioner
 or plaintiff shall be required to submit a new petition  or  an  amended
 complaint  with  such allegations and comply with all notice and service
 requirements under law.
   b. (i) If the court has awarded a judgment  against  a  respondent  or
 defendant prior to the effective date of this act on the basis of objec-
 tionable  or nuisance behavior and the petitioner or plaintiff is alleg-
 ing the tenant caused significant damage  to  the  property,  the  court
 shall  hold  a  hearing to determine whether the tenant is continuing to
 intentionally cause significant damage to the property.
   (ii) If the court has awarded  a  judgment  against  a  respondent  or
 defendant  prior to the effective date of chapter 73 of the laws of 2021
 on the basis of objectionable or nuisance behavior and the petitioner or
 plaintiff is alleging the tenant is persistently engaging  in  unreason-
 able  behavior  that substantially infringes on the use and enjoyment of
 other tenants or occupants or causes  a  substantial  safety  hazard  to
 others,  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.
   c. For the purposes of this act, a mere  allegation of the behavior by
 the petitioner or plaintiff or an agent of the petitioner  or  plaintiff
 alleging  such  behavior  shall  not be sufficient evidence to establish
 that the tenant has engaged in such behavior.
   d. If the petitioner or plaintiff establishes that the  tenant  inten-
 tionally  caused  significant  damage  to the property, persistently and
 unreasonably engaged in such behavior, or the tenant fails to provide  a
 hardship  declaration  to  the  petitioner or plaintiff, petitioner's or
 plaintiff's agent or the court, the proceeding may continue pursuant  to
 law.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 one of this act, into Spanish and, to the extent  practicable,  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.  To the extent practica-
 ble, the office of court administration shall post and maintain  on  its
 website  translations into such additional languages as the chief admin-
 istrative judge shall deem appropriate to ensure that  tenants  have  an
 opportunity  to  understand and submit hardship declarations pursuant to
 this act.
   § 9. Rebuttable presumption.   Unless a court  determines  a  tenant's
 hardship  claim  invalid pursuant to section ten of this act, a hardship
 declaration shall create a rebuttable presumption  that  the  tenant  is
 experiencing  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  the  eviction  of  a  tenant
 suffering  from  a financial hardship during or due to COVID-19 provided

 S. 1                               12
 
 that the absence of a hardship declaration shall not create  a  presump-
 tion that a financial hardship is not present.
   §  10.    1.  Notwithstanding  any other provision of this act, a stay
 under this part shall be granted or continued unless the court finds the
 respondent's or defendant's hardship claim invalid.   A  motion  may  be
 made  by the petitioner or plaintiff, attesting a good faith belief that
 the respondent or defendant has not experienced a hardship, with  notice
 to  the  respondent or defendant, and the court shall grant a hearing to
 determine whether to find the respondent's or defendant's hardship claim
 invalid.
   2.  After any hearing, if the court  finds  the  respondent's  or  the
 defendant's  hardship  claim  valid,  the  court  shall  grant a stay or
 continue a stay pursuant to this act.
   3. After a hearing, if the court finds the respondent's or the defend-
 ant's hardship claim invalid, the proceedings shall continue to a deter-
 mination on the merits.
   § 11. This act shall take effect immediately and  sections  one,  two,
 three,  four,  five,  six, seven, eight and ten of this act shall expire
 and be deemed repealed January 15, 2022.
 
                                 SUBPART B

   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 owns ten or fewer  commercial  units
 whether directly or indirectly and is a business that is resident in New
 York State, independently owned and operated, not dominant in its field,
 and  employs  one  hundred or fewer persons. 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 are currently occupied by a tenant or are
 available for rent.
   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. 1. For the purposes of this act, "Hardship  Declara-
 tion" means a. a hardship declaration filed pursuant to chapters 73, 104
 or  154  of the laws of 2021, or b.  the following statement in 14-point
 type, published by the office of court administration, whether in  phys-
 ical or electronic written form:
   "NOTICE  TO COMMERCIAL MORTGAGOR: If you have lost significant revenue
 or had significantly  increased  necessary  costs  during  the  COVID-19
 pandemic,  and  you  sign  and deliver this hardship declaration form to
 your mortgage lender or other foreclosing party, you  may  be  protected
 from  foreclosure  until  at  least  January  15, 2022. If a foreclosure
 action is filed against you and you provide this form to  the  plaintiff
 or the court, the action will be postponed until January 15, 2022 unless
 the  plaintiff  moves  to challenge your declaration of hardship. If the
 court finds your hardship claim valid, the foreclosure  action  will  be
 postponed  until  after January 15, 2022. While the action is postponed,
 you may remain in possession.
   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

 S. 1                               13
 
 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.
       COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the owner, chief executive officer, president, or similar officer
 of (name of the business), which is the mortgagor  of  the  property  at
 (address  of  commercial  unit).   My business owns, whether directly or
 indirectly, ten or fewer commercial units.  My business is  resident  in
 New  York  State,  independently owned and operated, not dominant in its
 field, and employs one hundred or fewer persons. My business is  experi-
 encing  financial  hardship  and  is  unable to pay the mortgage in full
 because of one or more of the following:
   (i) Significant loss of revenue during the COVID-19 pandemic.
   (ii) Significant increase in necessary expenses related  to  providing
 personal  protective equipment to employees or purchasing and installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business.
   (iii) Moving  expenses  and  difficulty  in  securing  an  alternative
 commercial  property  make it a hardship for the business to relocate to
 another property during the COVID-19 pandemic.
   (iv) One or more of the business's tenants has defaulted on a  signif-
 icant amount of their rent payments since March 1, 2020.
   To  the  extent  that  the  business has lost revenue or had increased
 expenses, any public assistance the  business  has  received  since  the
 start of the COVID-19 pandemic does not fully make up for the business's
 loss of revenue or increased expenses.
   I understand that the business 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 the mortgage in full as
 required by the commercial mortgage agreement may still  be  charged  or
 collected  and  may result in a monetary judgment.  I further understand
 that the mortgage lender or other foreclosing party may request a  hear-
 ing  to  challenge the certification of hardship made herein, and that I
 will have the opportunity to participate in any actions  or  proceedings
 regarding  the  mortgage interest.   I also understand that the mortgage
 lender or other  foreclosing  party  may  pursue  a  foreclosure  action
 against  the  business  on  or after January 15, 2022, if I do not fully
 repay any missed or partial payments and lawful fees. I understand  that
 I  may be eligible to receive financial assistance from the State of New
 York under the Pandemic Small Business Recovery Grant Program or similar
 relief  program,  and  that  I  may  visit  https://esd.ny.gov/business-
 pandemic-recovery-initiative  to  receive additional information or call
 877-721-0097 for assistance.
 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. "Hardship" means a business is unable to pay the mortgage  in  full
 because of one or more of the following reasons and any  public  assist-
 ance  the  business has received since the start of the COVID-19 pandem-
 ic  does  not  fully  make  up  for  the  business's  loss of revenue or
 increased expenses:

 S. 1                               14

   a. Significant loss of revenue during the COVID-19 pandemic; or
   b. Significant increase in necessary  expenses  related  to  providing
 personal  protective equipment to employees or purchasing and installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business; or
   c.  Moving expenses and difficulty in securing an  alternative commer-
 cial property make it a hardship for the business to relocate to another
 property during the COVID-19 pandemic; or
   d. One or more of the business's tenants has defaulted  on  a  signif-
 icant amount of their rent payments since March 1, 2020.
   § 3. The foreclosing party shall include a "Hardship Declaration" with
 every  notice required provided to a mortgagor prior to filing an action
 for foreclosure. Such notice shall also include a mailing address, tele-
 phone number and active email address the mortgagor can use  to  contact
 the foreclosing party and return the hardship declaration.
   §  4. 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:
   1.  of  service  demonstrating  the  manner  in  which the foreclosing
 party's agent served a copy of the hardship  declaration  with  required
 notices, if any, provided to the mortgagor, and
   2.  a.  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; or
   b.  attesting  that at the time of filing, the foreclosing party or an
 agent of the foreclosing party has received a hardship declaration  from
 the mortgagor, but the foreclosing party believes in good faith that the
 hardship certified in the hardship declaration does not exist.
   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 whether the mortgagor has 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.
   § 5. 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 January 15, 2022.  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.
   § 6. 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
 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  January
 15,  2022.  If  such hardship declaration is provided to the foreclosing

 S. 1                               15
 
 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.
   § 7. The office of court administration shall post and maintain a copy
 of  the  hardship  declaration  on  the website of such office beginning
 within fifteen days of the effective date of this act.
   § 8. Unless a court determines a mortgator's  hardship  claim  invalid
 pursuant  to  section  nine  of  this  act, a hardship declaration shall
 create a rebuttable presumption that the mortgagor is  suffering  finan-
 cial  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 regu-
 lation 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.
   §  9. 1. Notwithstanding any other provision of this act, a stay under
 this part shall be granted or  continued  unless  the  court  finds  the
 defendant's  hardship claim invalid.  A motion may be made by the plain-
 tiff, attesting a good faith belief that the defendant has  not  experi-
 enced  a  hardship,  with  notice  to the defendant, and the court shall
 grant a hearing to determine whether to find  the  defendant's  hardship
 claim invalid.
   2.  After  any  hearing,  if  the court finds the defendant's hardship
 claim valid, the court shall grant or continue a stay pursuant  to  this
 act.
   3.  After a hearing, if the court finds the defendant's hardship claim
 invalid, the action shall continue to a determination on the merits.
   § 10. This act shall take effect immediately and  sections  one,  two,
 three,  four,  five, six, seven and nine of this act shall expire and be
 deemed repealed January 15, 2022.

                                 SUBPART C
 
   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 owns ten or
 fewer commercial units whether directly or indirectly and is a  business
 that  is  resident  in New York State, independently owned and operated,
 not dominant in its field, and employs one hundred or fewer persons. The
 ten or fewer commercial units may be in more than one property or build-
 ing as long as the units are currently  occupied  by  a  tenant  or  are
 available for rent.
   §  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.
   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 a. a hardship declaration filed pursu-
 ant to chapters 73, 104 or 154 of the laws of 2021, or b. the  following

 S. 1                               16
 
 statement  in  14-point  type, whether in physical or electronic written
 form:
        "COMMERCIAL OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
 I  am  the owner, chief executive officer, president, or similar officer
 of (name of the business), which is the owner of the commercial property
 at (address).  My business owns, whether directly or indirectly, ten  or
 fewer  commercial  units.    My  business is resident in New York State,
 independently owned and operated, not dominant in its field, and employs
 one hundred or fewer persons.   My business  is  experiencing  financial
 hardship,  and is unable to pay its full tax bill because of one or more
 of the following:
   (i) Significant loss of revenue during the COVID-19 pandemic.
   (ii) Significant increase in necessary expenses related  to  providing
 personal  protective equipment to employees or purchasing and installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business.
   (iii) Moving  expenses  and  difficulty  in  securing  an  alternative
 commercial  property  make it a hardship for the business to relocate to
 another property during the COVID-19 pandemic.
   (iv)  One or more of the business's tenants has defaulted on a signif-
 icant amount of their rent payments since March 1, 2020.
   To the extent that the business has  lost  revenue  or  had  increased
 expenses, any public assistance that the business has received since the
 start  of  the  COVID-19 pandemic must not fully make up for the loss of
 revenue or increased expenses, and the business still meets  the  afore-
 mentioned eligibility criteria to qualify for a financial hardship.
   I  understand  that  lawful fees, penalties or interest for not having
 paid the business's taxes in full may still be charged or collected  and
 may  result  in  a  foreclosure  action against the business on or after
 January 15, 2022, if the business does 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."
   4.  "Hardship"  means  a  business  is unable to pay the full tax bill
 because of one or more of the following reasons and any  public  assist-
 ance  the business has received since the start of the COVID-19 pandemic
 does not fully make up for the business's loss of revenue  or  increased
 expenses:
   a. Significant loss of revenue during the COVID-19 pandemic; or
   b.  Significant  increase  in  necessary expenses related to providing
 personal protective equipment to employees or purchasing and  installing
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business; or
   c.  Moving  expenses and difficulty in securing an alternative commer-
 cial property make it a hardship for the business to relocate to another
 property during the COVID-19 pandemic; or
   d. One  or  more of the business's tenants has defaulted on a  signif-
 icant amount of their rent payments since March 1, 2020.
   § 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.

 S. 1                               17
 
   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
 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 January 15, 2022.
   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. Unless a court determines an owner's hardship claim invalid  pursu-
 ant  to  subdivision seven of this section, a hardship declaration shall
 create a rebuttable presumption that the owner is experiencing 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  regu-
 lation  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 decla-
 ration shall not create a presumption that a financial hardship  is  not
 present.
   7.  a.  Notwithstanding  any other provision of this act, a stay under
 this part shall be granted or  continued  unless  the  court  finds  the
 defendant's  hardship claim invalid.  A motion may be made by the plain-
 tiff, if the plaintiff is not a governmental entity,  attesting  a  good
 faith  belief  that  the  defendant has not experienced a hardship, with
 notice to the defendant, and the court shall grant a hearing  to  deter-
 mine whether to find the defendant's hardship claim invalid.
   b.  After  any  hearing,  if  the court finds the defendant's hardship
 claim valid, the court shall grant a stay or continue a stay pursuant to
 this act.
   c. After a hearing, if the court finds the defendant's hardship  claim
 invalid, the action shall continue to a determination on the merits.
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions 1, 2, 3, 4, 5 and 7 of section three of this act  shall
 expire and be deemed repealed January 15, 2022.
 
                                 SUBPART D
 
   Section 1. Application. 1. This act shall apply to an owner of commer-
 cial  real  property,  provided  the owner or mortgagor of such property
 owns ten or fewer commercial units whether directly or indirectly and is

 S. 1                               18
 
 a business that is resident in New York State, independently  owned  and
 operated,  not  dominant  in its field, and employs one hundred or fewer
 persons. The ten or fewer commercial units may be in more than one prop-
 erty  or building as long as the total aggregate number of ten units are
 currently occupied by a tenant or are available for rent.
   2. Hardship declaration. For purposes of this act, "hardship  declara-
 tion"  shall  mean  a. a hardship declaration filed pursuant to chapters
 73, 104 or 154 of the laws of 2021, or b.  the  following  statement  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  COMMERCIAL  OWNER/MORTGAGOR: If you have lost significant
 revenue or had  significantly  increased  necessary  costs  due  to  the
 COVID-19  pandemic,  and  you sign and deliver this hardship declaration
 form to your lending institution, you cannot be discriminated against in
 the determination of whether credit should be extended or reported nega-
 tively to a credit reporting agency until at least January 15, 2022.
   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.
   COMMERCIAL OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the owner, chief executive officer, president, or similar officer
 of  (name of the business), which is the OWNER/MORTGAGOR of the property
 at (address of commercial unit).  My business owns, whether directly  or
 indirectly,  ten  or fewer commercial units.  My business is resident in
 New York State, independently owned and operated, not  dominant  in  its
 field, and employs one hundred or fewer persons.  My business is experi-
 encing  financial  hardship,  and  is unable to pay the mortgage in full
 because of one or more of the following:
   (i) Significant loss of revenue during the COVID-19 pandemic.
   (ii) Significant increase in necessary out-of-pocket expenses  related
 to  providing  personal  protective equipment to employees or purchasing
 and installing other protective equipment to prevent the transmission of
 COVID-19 within the business.
   (iii) Moving  expenses  and  difficulty  in  securing  an  alternative
 commercial  property  make it a hardship for the business to relocate to
 another commercial property during the COVID-19 pandemic.
   (iv) One or more of my tenants has defaulted on a  significant  amount
 of their rent payments since March 1, 2020.
   To  the  extent  that  the  business has lost revenue or had increased
 expenses, any public assistance that the business has received since the
 start of the COVID-19 pandemic must not fully make up for  the  loss  of
 revenue  or  increased expenses, and the business still meets the afore-
 mentioned eligibility criteria to qualify for a financial hardship.
 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

 S. 1                               19
 
 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
 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 shall take effect immediately and shall expire and be
 deemed repealed January 15, 2022.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, 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, subpart or part thereof directly involved in the  contro-
 versy  in  which  such  judgment  shall have been rendered. It is hereby
 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.
 
                                  PART C
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to residential eviction  and  foreclosure  protections.  Each compo-
 nent  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. 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 residential dwelling unit or any other
 judicial or administrative proceeding  to  recover  possession  of  real
 property relating to a residential dwelling unit.
   2. "Landlord" includes a landlord, owner of a residential property and
 any  other  person  with  a  legal  right to pursue eviction, possessory
 action or a money judgment for rent, including  arrears,  owed  or  that
 becomes  due during the COVID-19 covered period, as defined in section 1
 of chapter 127 of the laws of 2020.
   3. "Tenant" includes a residential tenant, lawful occupant of a dwell-
 ing unit, or any other person responsible for paying rent, use and occu-

 S. 1                               20
 
 pancy, or any other financial obligation under a  residential  lease  or
 tenancy  agreement,  but does not include a residential tenant or lawful
 occupant with a seasonal use lease where such tenant has a primary resi-
 dence to which to return to.
   4. "Hardship declaration" means:
   a. a hardship declaration filed pursuant to chapter 381 of the laws of
 2020 or chapter 104 of the laws of 2021; or
   b. the following statement, or a substantially 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 may be protected from eviction until at least January
 15, 2022 for nonpayment of rent or for holding over after the expiration
 of your lease. If your landlord files an eviction against  you  and  you
 provide this form to the landlord or the court, the eviction proceedings
 will  be  postponed until January 15, 2022 unless your landlord moves to
 challenge your declaration of hardship. If the court finds your hardship
 claim valid, the eviction proceeding will be postponed until after Janu-
 ary 15, 2022.   While the eviction  proceeding  is  postponed,  you  may
 remain  in possession of your unit. You may still be evicted for violat-
 ing your lease by intentionally causing significant damage to the  prop-
 erty or persistently and unreasonably engaging in behavior that substan-
 tially  infringes on the use and enjoyment of other tenants or occupants
 or causes a substantial safety hazard to others.
   If your landlord has provided you with this form, your  landlord  must
 also  provide you with a mailing address and e-mail address to which you
 can return this form. If your landlord has already started  an  eviction
 proceeding  against  you,  you can return this form to either your land-
 lord, the court, or both at any time. You should keep a copy or  picture
 of  the signed form for your records. You will still owe any unpaid rent
 to your landlord. You should also keep careful track of  what  you  have
 paid and any amount you still owe.
   For  more  information  about legal resources that may be available to
 you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379  if  you
 live  in  New York City or go to www.nycourts.gov/evictions/outside-nyc/
 or call a local bar association or legal services provider if  you  live
 outside  of New York City. Financial assistance may be available to you,
 even if you have not qualified for assistance in the  past.  You  should
 contact  your local housing assistance office or the Office of Temporary
 and Disability Assistance (OTDA) for application information.
 
       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

 S. 1                               21
 
 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
 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  request a hearing to challenge the certification of hard-
 ship made herein, and that I will have the opportunity to participate in
 any proceedings regarding my tenancy.   I  further  understand  that  my
 landlord  may  be able to seek eviction after January 15, 2022, 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."
   5.  "Hardship"  means  either:  (a)  an inability to pay rent or other
 financial obligations due in full pursuant to a lease or  rental  agree-
 ment or obtain alternative suitable permanent housing due to one or more
 of the following reasons where public assistance, including unemployment

 S. 1                               22
 
 insurance,  pandemic  unemployment  assistance, disability insurance, or
 paid family leave, does not fully make up  for  the  loss  of  household
 income or increase expenses:
   (i) a significant loss of household income during the COVID-19 pandem-
 ic; or
   (ii)  increase in necessary out-of-pocket expenses related to perform-
 ance of essential work or related to health impacts during the  COVID-19
 pandemic; or
   (iii)  childcare  responsibilities  or responsibilities to care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have negatively affected the ability of the tenant or a household member
 to obtain meaningful employment or earn income; or
   (iv) increased necessary out-of-pocket expenses; or
   (v)  moving  expenses  and  related difficulty in securing alternative
 housing make it a hardship to relocate to another    residence    during
 the COVID-19 pandemic; or
   (vi) other circumstances related to the COVID-19 pandemic have signif-
 icantly      reduced   household   income   or   significantly increased
 expenses; or
   (b) an inability to vacate the premises and move  into  new  permanent
 housing because doing so would pose a significant risk of severe illness
 or  death from COVID-19 that a tenant or household member would face 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.
   § 2. 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 lease or
 tenancy agreement, law or rule to be provided prior to the  commencement
 of an eviction proceeding, and with every notice of petition served on a
 tenant.  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
 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.
   § 3. 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 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 dwelling unit that is
 the subject of the proceeding, or
   b. attesting that the respondent or another tenant or occupant of  the
 dwelling unit that is the subject of the proceeding has returned a hard-

 S. 1                               23
 
 ship  declaration,  but  the respondent is intentionally causing signif-
 icant damage to the property or persistently 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, with a specific description of the behavior alleged, or
   c. attesting that the respondent or another tenant or occupant of  the
 dwelling unit that is the subject of the proceeding has returned a hard-
 ship  declaration,  but  the  petitioner believes in good faith that the
 hardship certified in the hardship declaration does not exist.
   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, and a copy of any affidavit filed pursuant to subdivision
 one of this section is annexed to the served notice of petition and,  if
 not,  shall  ensure that a copy of the hardship declaration and any such
 affidavit is attached to such notice.   If  the  petitioner  submits  an
 affidavit  pursuant to paragraph c of subdivision 1 of this section, the
 following notice in at least fourteen-point type shall also  be  annexed
 as a cover page to the notice of petition:
   "NOTICE TO TENANT: THIS IS A PETITION TO COMMENCE AN EVICTION PROCEED-
 ING  AGAINST  YOU,  BUT  THE PROCEEDING WILL NOT CONTINUE UNTIL AT LEAST
 JANUARY 15, 2022, UNLESS YOUR LANDLORD MOVES TO CHALLENGE YOUR CLAIM  OF
 AN EXEMPTION FROM EVICTION IN YOUR HARDSHIP DECLARATION FORM.
   IF YOUR LANDLORD MOVES TO CHALLENGE YOUR HARDSHIP CLAIM, YOU ARE ENTI-
 TLED  TO A HEARING. IF THE COURT RULES YOUR HARDSHIP CLAIM INVALID AFTER
 THE HEARING, THE LAWSUIT  MAY  PROCEED  TOWARD  POSSIBLE  EVICTION,  BUT
 UNLESS  AND  UNTIL THE COURT ISSUES AN EVICTION WARRANT AGAINST YOU, YOU
 MAY NOT BE EVICTED."
   Service of the notice of petition with  the  attached  copies  of  the
 hardship  declaration  and affidavits shall be made by personal delivery
 to the respondent, unless such service cannot be  made  with  due  dili-
 gence,  in  which case service may be made under section 735 of the real
 property actions and proceedings law.  At the earliest possible opportu-
 nity, the court shall seek confirmation on the record or in writing from
 the respondent that the respondent has received the hardship declaration
 and whether the respondent has 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 proceeding 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.  The court shall also advise
 the petitioner  and  respondent  substantially  as  follows:  "Financial
 assistance  may be available to landlords and tenants, even if they have
 not qualified for assistance in the past.  You should contact your local
 housing assistance office or the  Office  of  Temporary  and  Disability
 Assistance  for  application  information."  If  the court is a court of
 record, such advisory shall be given on the record.
   § 4. 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 respondent 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

 S. 1                               24
 
 January  15, 2022. If such hardship declaration is provided to the peti-
 tioner or agent, such petitioner or agent shall promptly  file  it  with
 the  court,  advising the court in writing the index number of all rele-
 vant cases.
   §  5.  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  January 15, 2022, without first holding a
 hearing after the effective date of this act, upon motion of  the  peti-
 tioner. The petitioner or an agent of the petitioner shall file an affi-
 davit 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
 at  any  time  prior to the effective date of chapter 381 of the laws of
 2020, including in eviction proceedings filed  on  or  before  March  7,
 2020, or between August 13, 2021 and the effective date of this act, the
 default  judgment  shall be vacated, regardless of any court proceedings
 that occurred subsequent to entry of the default judgment 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.
   § 6. 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 respondent 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 January 15, 2022. 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 the respondent's hardship claim invalid, or the respond-
 ent intentionally caused significant damage  to  the  property,  or  the
 respondent  is  persistently  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, 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.

 S. 1                               25
 
   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  hard-
 ship  declaration  to  the  officer to whom the warrant is directed, the
 officer shall not execute the warrant and shall return the hardship form
 to the court indicating the appropriate index/case number  the  form  is
 associated with.
   §  7.  Section four and paragraph (ii) of subdivision a of section six
 of this act shall not apply if  the  tenant:  (i)  intentionally  caused
 significant  damage  to the property; or (ii) is persistently and unrea-
 sonably engaging in behavior that substantially infringes on the use and
 enjoyment of other tenants or occupants or causes a  substantial  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
 intentionally  caused significant damage to the property or 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. a.  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 and the  petitioner  is  alleging  the  tenant  caused
 significant  damage  to  the property, the court shall hold a hearing to
 determine whether  the  tenant  is  continuing  to  intentionally  cause
 significant damage to the property.
   b.  If  the court has awarded a judgment against a respondent prior to
 the effective date of chapter 381 of the laws of 2020 or between  August
 13,  2021 and the effective date of this act on the basis of objectiona-
 ble or nuisance behavior and the petitioner is alleging  the  tenant  is
 persistently   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, 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 establishes that the tenant intentionally caused
 significant damage to the  property  or  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.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration 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 trans-
 lations 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.  To the extent practicable, the office of court admin-

 S. 1                               26
 
 istration shall post and maintain on its website translations into  such
 additional languages as the chief administrative judge shall deem appro-
 priate  to  ensure  that  tenants  have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   §  9.  Rebuttable  presumption.   Unless a court determines a tenant's
 hardship claim invalid pursuant to section ten of this act,  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 financial 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  restrict-
 ing  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 presumption that a financial hardship is not present.
   §  10.  (a)  Notwithstanding  any  other provision of this act, a stay
 under this act shall be granted or continued unless the court finds  the
 respondent's  hardship claim invalid.  A motion may be made by the peti-
 tioner, attesting a good faith belief that the respondent has not  expe-
 rienced  a  hardship, with notice to the respondent, and the court shall
 grant a hearing to determine whether to find the  respondent's  hardship
 claim invalid.
   (b)    After any hearing, if the court finds the hardship claim valid,
 the court shall grant a stay or continue a stay pursuant  to  this  act,
 provided  that  the  court shall direct, if the respondent appears to be
 eligible and has not yet applied, that the parties apply to the COVID-19
 emergency rental assistance program of 2021, created  by  subpart  A  of
 part  BB  of  chapter  56 of the laws of 2021, or a locally administered
 program to administer federal emergency rental assistance funding issued
 pursuant to section 501 of the Consolidated Appropriations Act of  2021,
 Pub.  L.  116-260 § 501, or section 3201 of the American Rescue Plan Act
 of 2021, Pub. L. 117-2 § 3201, so long as such program or  programs  are
 accepting applications.
   (c)  After  a  hearing,  if  the court finds the respondent's hardship
 claim invalid, the proceedings shall continue to a determination on  the
 merits.
   §  11.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight and ten of this  act  shall  expire
 January 15, 2022.
 
                                 SUBPART B
 
   Section  1.  Application.  This  section  shall apply to any action to
 foreclose a mortgage relating to residential 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 dwelling units whether directly
 or  indirectly.  The ten or fewer dwelling units may be in more than one
 property or building as long as the total aggregate number of ten  units
 includes  the  primary  residence  of the natural person requesting such
 relief and the remaining units are currently occupied by a tenant or are
 available for rent.
   (a) For purposes of this  act,  real  property  shall  include  shares
 assigned to a unit in a residential cooperative.
   (b) 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

 S. 1                               27
 
 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. 1. For the purposes of this act, "Hardship Declara-
 tion" means:
   a. a hardship declaration filed pursuant to chapter 381 of the laws of
 2020 or chapter 104 of the laws of 2021; or
   b. the following statement, or a substantially equivalent statement in
 the mortgagor'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
 may be protected from foreclosure until at least January 15, 2022. If  a
 foreclosure action is filed against you and you provide this form to the
 plaintiff  or  the court, the action will be postponed until January 15,
 2022 unless the plaintiff moves to challenge your declaration  of  hard-
 ship.  If  the  court  finds  your hardship claim valid, the foreclosure
 action will be postponed until after January 15, 2022. While the  action
 is postponed, you may remain in possession.
   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.  Financial
 assistance may be available to you, even if  you  have  previously  been
 denied.  You  should  contact  your  local housing assistance office for
 application information.
            MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the mortgagor of the property  at  (address  of  dwelling  unit).
 Including  my  primary residence, I own, whether directly or indirectly,
 ten or fewer residential dwelling 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 alternative housing
 make it a hardship for me to relocate to another  residence  during  the
 COVID-19 pandemic.

 S. 1                               28
 
   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
 mortgage  agreement. I further understand that lawful fees, penalties or
 interest for not having paid my mortgage in full as required by my mort-
 gage agreement may still be charged or collected and  may  result  in  a
 monetary  judgment  against  me.   I further understand that my mortgage
 lender, or other foreclosing party may request a  hearing  to  challenge
 the  certification  of  hardship  made  herein, and that I will have the
 opportunity to participate in any actions or  proceedings  regarding  my
 mortgage  interest.   I also understand that my mortgage lender or other
 foreclosing party may pursue a foreclosure action against me on or after
 January 15, 2022, 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."
   2. "Hardship" means a mortgagor is unable to  pay  their  mortgage  in
 full  because  of  one  or more of the following reasons and any  public
 assistance,  including  unemployment  insurance,  pandemic  unemployment
 assistance, disability insurance, or paid family leave, that the mortga-
 gor or borrower has  received  since  the start of the COVID-19 pandemic
 does  not  fully make up for their loss of household income or increased
 expenses:
   (i) Significant loss of household income during the COVID-19 pandemic;
 or
   (ii) Increase in necessary out-of-pocket expenses related to  perform-
 ing  essential    work  or related to health impacts during the COVID-19
 pandemic; or
   (iii) Childcare responsibilities  or  responsibilities  to  care   for
 an  elderly,    disabled,    or   sick family member during the COVID-19
 pandemic negatively affected the mortgagor's ability or the  ability  of
 someone in   their household to obtain  meaningful  employment  or  earn
 income or increased their necessary out-of-pocket expenses; or
   (iv)  Moving expenses and difficulty the mortgagor has securing alter-
 native housing make it a hardship  for  the  mortgagor  to  relocate  to
 another  residence  during  the COVID-19 pandemic; or
   (v)  Other  circumstances  related to the COVID-19 pandemic have nega-
 tively affected the mortgagor's ability to obtain meaningful  employment
 or  earn  income  or have     significantly    reduced   the mortgagor's
 household income  or  significantly increased the mortgagor's  expenses;
 or
   (vi) One or more of the mortgagor's tenants has defaulted on a signif-
 icant amount of their rent payments since March 1, 2020.

 S. 1                               29
 
   §  3.  The foreclosing party shall include a "Hardship Declaration" in
 14-point type, with every notice provided to  a  mortgagor  pursuant  to
 sections 1303 and 1304 of the real property actions and proceedings law.
 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 hardship declaration.
   § 4. 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 pursuant to sections 1303 and
 1304 of the real property actions and proceedings law, and
   (ii) a. 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; or
   b. attesting that at the time of filing, the foreclosing party  or  an
 agent  of the foreclosing party has received a hardship declaration from
 the mortgagor, but the foreclosing party believes in good faith that the
 hardship certified in the hardship declaration does not exist.
   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 whether the mortgagor has  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.
   § 5. 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  January  15,  2022.  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.
   § 6. 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
 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 January
 15, 2022. 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.
   §  7.  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

 S. 1                               30
 
 of the hardship declaration on the  website  of  such  office  beginning
 within fifteen days of the effective date of this act.
   §  8.   Unless a court determines a mortgagor's hardship claim invalid
 pursuant to section nine of  this  act,  a  hardship  declaration  shall
 create  a  rebuttable presumption that the mortgagor is suffering finan-
 cial 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  regu-
 lation  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.
   § 9. (a) Notwithstanding any other provision of this act, a stay under
 this part shall be granted or  continued  unless  the  court  finds  the
 defendant's  hardship  claim invalid.  A motion may be made by the fore-
 closing party, attesting a good faith belief that the defendant has  not
 experienced  a  hardship,  with  notice  to the defendant, and the court
 shall grant a hearing to determine whether to find the defendant's hard-
 ship claim invalid.
   (b)  After any hearing, if the court finds  the  defendant's  hardship
 claim valid, the court shall grant a stay or continue a stay pursuant to
 this act.
   (c) After a hearing, if the court finds the defendant's hardship claim
 invalid, the action shall continue to a determination on the merits.
   §  10.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven and nine of this act shall expire  January
 15, 2022.
 
                                 SUBPART C
 
   Section  1.  Application.  This act shall apply to any action to fore-
 close on delinquent taxes or sell a tax  lien  relating  to  residential
 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
 dwelling units whether directly or indirectly. The ten or fewer dwelling
 units  may be in more than one property or building as long as the total
 aggregate number of ten units includes  the  primary  residence  of  the
 natural  person  requesting  such  relief  and  the  remaining units are
 currently occupied by a tenant or are available for rent.
   (a) For purposes of this act, real property shall include shares in  a
 residential cooperative.
   (b) 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.
   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

 S. 1                               31
 
 law,  or  any general, special or local law related to real property tax
 lien sales or real property tax foreclosures.
   3.  "Hardship  Declaration"  means:  a.  a  hardship declaration filed
 pursuant to chapter 381 of the laws of 2020 or chapter 104 of  the  laws
 of 2021; or
   b. the following statement, or a substantially 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 property at (address).    Including  my  primary
 residence,  I own, whether directly or indirectly, ten or fewer residen-
 tial dwelling units.  I am experiencing financial  hardship,  and  I  am
 unable to pay my full tax bill 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.
   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 January 15, 2022, 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."
   4.  "Hardship"  means  an  owner  is unable to pay their full tax bill
 because of one or more of the following reasons and any  public  assist-
 ance,  including  unemployment  insurance, pandemic unemployment assist-
 ance, disability insurance, or paid family leave,  that  the  owner  has
 received since the start of the COVID-19 pandemic does not fully make up
 for their loss of household income or increased expenses:
   (i) Significant loss of household income during the COVID-19 pandemic;
 or

 S. 1                               32
 
   (ii) Increase in necessary out-of-pocket expenses related to  perform-
 ing  essential    work  or related to health impacts during the COVID-19
 pandemic; or
   (iii)  Childcare responsibilities  or  responsibilities  to  care  for
 an elderly,   disabled,   or   sick family member  during  the  COVID-19
 pandemic  negatively  affected  the  owner's ability or the  ability  of
 someone   in their household to obtain  meaningful  employment  or  earn
 income or increased their necessary out-of-pocket expenses; or
   (iv) Moving expenses and difficulty the owner has securing alternative
 housing  make  it  a hardship for the owner to relocate to another resi-
 dence  during  the COVID-19 pandemic; or
   (v) Other circumstances related to the COVID-19  pandemic  have  nega-
 tively  affected  the owner's ability to obtain meaningful employment or
 earn income or have   significantly    reduced  the owner's    household
 income  or significantly increased the owner's expenses; or
   (vi) One or more of the owner's tenants has defaulted on a significant
 amount of their rent payments since March 1, 2020.
   §  3.  1. A real property owner may submit a "Hardship Declaration" 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
 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 January 15, 2022.
   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.  Unless  a  court  determines  an owner's claim of hardship invalid
 pursuant to subdivision 7 of this section, a hardship declaration  shall
 create a rebuttable presumption that the owner is experiencing 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 regu-
 lation 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  decla-
 ration  shall  not create a presumption that a financial hardship is not
 present.

 S. 1                               33
 
   7. (a) Notwithstanding any other provision of this act, a  stay  under
 this  part  shall  be  granted  or  continued unless the court finds the
 defendant's hardship claim invalid.  A motion may be made by  the  fore-
 closing  party,  if such party is not a governmental entity, attesting a
 good  faith  belief  that  the defendant has not experienced a hardship,
 with notice to the defendant, and the court shall  grant  a  hearing  to
 determine whether to find the defendant's hardship claim invalid.
   (b)    After  any hearing, if the court finds the defendant's hardship
 claim valid, the court shall grant a stay or continue a stay pursuant to
 this act.
   (c) After a hearing, if the court finds the defendant's hardship claim
 invalid, the proceedings  shall  continue  to  a  determination  on  the
 merits.
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four, five and seven of section  three
 shall expire January 15, 2022.
 
                                 SUBPART D
 
   Section  1.  Application. 1. This act shall apply to an owner of resi-
 dential 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 dwelling units whether directly or indirectly. The  ten  or  fewer
 dwelling  units  may be in more than one property or building as long as
 the total aggregate number of ten units includes the  primary  residence
 of the natural person requesting such relief and the remaining units are
 currently occupied by a tenant or are available for rent.
   (a)  For purposes of this act, real property shall include shares in a
 residential cooperative.
   (b) 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:  a. a hardship declaration filed pursuant to chapter
 381 of the laws of 2020 or chapter 104 of the laws of 2021; or
   b. 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
 discriminated against in the determination of whether credit  should  be
 extended  or  reported  negatively to a credit reporting agency until at
 least January 15, 2022.
   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 dwelling
 unit).  Including my primary residence, I own, whether directly or indi-

 S. 1                               34
 
 rectly, ten or fewer residential dwelling  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 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.
   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 residential
 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  residential  real  property  as  defined  in
 subdivision  one of this section is currently in arrears and has filed a
 hardship 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 residential real property as defined in
 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  January  15,
 2022.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  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-

 S. 1                               35
 
 sion,  section, subpart or part thereof directly involved in the contro-
 versy in which such judgment shall have  been  rendered.  It  is  hereby
 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.
 
                                  PART D

   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 15, 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;
   (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.
   §  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.
 
                                  PART E
 
   Section 1. Notwithstanding the provisions of article 7 of  the  public
 officers law to the contrary, any state agency, department, corporation,
 office,  authority,  board,  or  commission, as well as any local public
 body, or public corporation as defined in  section  66  of  the  general
 construction law, or political subdivisions as defined in section 100 of
 the general municipal law, or a committee or subcommittee or other simi-
 lar  body  of  such  entity,  shall  be authorized to meet and take such
 action authorized by law without permitting in public  in-person  access
 to  meetings  and authorize such meetings to be held remotely by confer-

 S. 1                               36
 
 ence call or similar service, provided that the public has  the  ability
 to view or listen to such proceeding and that such meetings are recorded
 and  later  transcribed.  "Local  public body" shall mean any entity for
 which a quorum is required in order to conduct public business and which
 consists  of two or more members, performing a governmental function for
 an entity limited in the  execution  of  its  official  functions  to  a
 portion  only  of the state, or a political subdivision of the state, or
 for an agency or department thereof.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 15, 2022.
   § 3. 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
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through E of this act shall be
 as specifically set forth in the last section of such Parts.