NY State Senate Bill S6362A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
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Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2021	signed chap.104
May 03, 2021	delivered to governor returned to senate passed assembly ordered to third reading rules cal.64 substituted for a7175a referred to judiciary delivered to assembly passed senate
Apr 28, 2021	amended on third reading 6362a
Apr 27, 2021	ordered to third reading cal.796 reported and committed to rules
Apr 23, 2021	referred to housing, construction and community development

Votes

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May 3, 2021 - floor Vote

S6362A

floor

Aye

Nay

Absent

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Apr 27, 2021 - Housing, Construction and Community Development committee Vote

S6362

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Apr 27, 2021

aye (8)

nay (2)

aye wr (1)

Boyle

Apr 27, 2021 - Rules committee Vote

S6362

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6362 - Details

See Assembly Version of this Bill:: A7175
Law Section:: Real Property
Laws Affected:: Amd Chap 381 of 2020, generally; amd Chap 73 of 2021, generally

S6362 - Summary

Extends the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" and the "COVID-19 Emergency Protect Our Small Businesses Act of 2021" until August 31, 2021.

S6362 - Sponsor Memo

 
BILL NUMBER: S6362

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend chapter 381 of the laws of 2020 establishing the
"COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020", in
relation to extending the effectiveness thereof; and to amend chapter 73
of the laws of 2021 relating  to  establishing the  "COVID-19 Emergency
Protect Our Small Businesses Act of 2021", in relation to extending the
effectiveness thereof

 
PURPOSE:

Extends through August 31, 2021 the effectiveness of the statutory limi-
tations on eviction of residential and certain commercial tenants expe-
riencing financial hardship, limitations on certain foreclosures and tax
sales, and related provisions, which may otherwise expire after May 1,
2021.

 
SUMMARY OF PROVISIONS:

The bill would amend various provisions of Chapter 381 of the Laws of
2020 and Chapter 73 of the Laws of 2021, to extend various provisions
through August 31, 2021. The provisions that are extended include those
that:

* Allow residential tenants suffering a financial or health-related
hardship to file a hardship declaration, under penalty of perjury, with
their landlord or a court to prevent the filing of an eviction or stay
any eviction proceeding in progress, with exceptions for tenants who
persistently and unreasonably engage in behavior that substantially
infringes on the use and enjoyment of other tenants or occupants or
causes a substantial safety hazard to others;

* Allow mortgagors who own ten or fewer residential dwellings to file a
hardship declaration with their mortgage lender, other foreclosing
party, or a court to prevent the filing of a foreclosure action or stay
any foreclosure action in progress;

* Allow property owners who own ten or fewer residential dwellings to
file a hardship declaration to prevent local governments from engaging
in any tax lien sale or tax foreclosure;

* Allow commercial tenants that are residents of the state, independent-
ly owned and operated, and not dominant in their field, and employ 50 or
fewer persons, to file a hardship declaration to prevent the filing of
any eviction or stay any eviction proceeding in progress;

* Allow mortgagors for properties where the owner or mortgagor owns ten
or fewer commercial units, is a business that is resident of the state,
independently owned and operated, and not dominant in its field, and
employs 50 or fewer persons to file a hardship declaration with their
mortgage lender, other foreclosing party, or the court to prevent the
filing of a foreclosure action or stay any foreclosure action in
progress; and

- Allow an eligible commercial property owner to file a hardship decla-
ration with any village, town, city, school district, county, or other
entity or person that conducts tax foreclosures or tax lien sales, to
stay such foreclosure or lien sale.

 
JUSTIFICATION:

Measures necessary to contain the spread of COVID-19 have brought about
widespread economic and societal disruption, placing the state in
unprecedented circumstances. Millions of residents have experienced
financial hardship due to such measures, which closed businesses and
schools and triggered high levels of unemployment and reductions of
income across the state. The pandemic has also interrupted court oper-
ations, and hampered the ability of parties to litigation to safely
travel to and enter a courtroom, retain and pay for counsel, participate
in settlement conferences, and engage in other activities that enable
New Yorkers to protect their rights and settle disputes.

On December 28, 2020, the legislature found that absent statutory action
to restrict residential evictions and foreclosures, hundreds of thou-
sands of residents would be at risk of losing their homes and that such
housing instability would exacerbate the already severe negative effects
of the COVID-19 pandemic, threatening the wellbeing of all New Yorkers.
In response, the legislature passed and the governor signed into law
chapter 381 of the laws of 2020, establishing the COVID-19 Emergency
Eviction and Foreclosure Prevention Act of 2020, to prevent residential
evictions among those who have experienced financial hardship during the
COVID-19 pandemic and those who cannot move due to an increased risk of
severe illness or death. That act also prevented residential foreclo-
sures among homeowners and small landlords who have experienced such
financial hardship. The eviction restrictions do not apply if a 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.

In January of 2021, the Legislature found similarly that absent legisla-
tive action thousands of small businesses would also face eviction or
mortgage or tax foreclosure due to measures necessary to contain the
spread of COVID-19. The legislature further found that ensuring small
businesses can survive in this unprecedented time is to the mutual bene-
fit of all New Yorkers and will help the state address the pandemic,
protect public health, and set the stage for recovery. To avoid mass
evictions and foreclosures of small businesses, the legislature passed
the COVID-19 Emergency Protect our Small Businesses Act of 2021 in Janu-
ary and the Governor signed the bill into law on March 9, 2021.

Most of the provisions of the COVID-19 Emergency Eviction and Foreclo-
sure Prevention Act of 2020 and the COVID-19 Emergency Protect our Small
Businesses Act of 2021 expire on May 1, 2021.  On March 28, 2021, the
U.S. Centers for Disease Control and Prevention (CDC) issued an Order
extending through June 30, 2021 restrictions on residential evictions
that had been in place pursuant to prior CDC Orders issued on September
4, 2020 and January 29, 2021. In the March 28, 2021 Order, the CDC stat-
ed that the national rate of new COVID-19 cases "remains almost twice as
high as the initial peak in April of 2020 and transmission rates are
similar to the second peak in July 2020." The CDC further noted that
preliminary research in "states that implemented and lifted eviction
moratoria" has indicated "that evictions substantially contribute to
COVID-19 transmission." The CDC found that "the fundamental public
health threat that existed on September 4, 2020, and January 29, 2021 --
the risk of large numbers of residential evictions contributing to the
spread of COVID-19 throughout the United States -- continues to exist.
It is imperative that public health authorities act quickly to ward off
an unprecedented wave of evictions, which would threaten new spikes" in
transmission "at a critical juncture in the fight against COVID-19."
The March 28, 2021 CDC Order explicitly provided that it does not
preclude states from "imposing additional requirements that provide
greater public health protections and are more restrictive" than the
CDC's requirements. Restrictions in New York and other states apply to
residential foreclosures as well as evictions, and many states, includ-
ing Connecticut, Hawaii, Illinois, Minnesota, Oregon, and Washington
have joined New York in enacting restrictions on filings of eviction
cases against tenants experiencing a hardship during the pandemic, as
well as restricting the actual execution of evictions.  As noted above,
New York has also enacted similar restrictions on commercial evictions
and foreclosures.

Current data demonstrates the need for continuing emergency public
health measures in New York. According to the CDC, New York's current
rates of COVID-19 transmission are among the highest in the nation.  In
its weekly data summaries, the CDC classifies transmission rates as
"high" if there are 100 or more new cases per 100,000 people. As of
April 15, 2021, the statewide rate in New York was 233 per 100,000
people. In its March 28, 2021 Order, the CDC stated that 37% of counties
nationally had a high rate of transmission and an additional 30% had a
"substantial" rate (50-99.9 cases per 100,000 people). As of April 15,
2021, CDC data show that 87% of counties in New York -- 54 of 62 coun-
ties, including all of the state's most populous counties -- had a high
rate of transmission and all of the other eight counties had a substan-
tial rate of transmission. No county in New York had a "moderate" or
"low" rate.

In April of 2021, the legislature passed and the governor signed into
law budget legislation directing the commissioner of the state office of
temporary and disability assistance to implement, as soon as practica-
ble, the COVID-19 Emergency Rental Assistance Program (CERAP). The
program will provide rental and utility assistance for households obli-
gated to pay rent on their primary residence who have experienced finan-
cial hardship due directly or indirectly to the COVID-19 pandemic. Such
assistance will cover up to twelve months of rent and utility arrears
and, for rent-burdened households, up to three additional months of
prospective rent. The budget authorized spending more than $2.4 billion
for CERAP, including federal relief funds and additional state funds.
The State budget also allocated $600 million for the Homeownership
Relief and Protection Program to provide assistance with mortgage, util-
ity, home energy, and other homeownership expenses during the pandemic.
To assist small businesses, the budget also included a historic $1
billion investment of state assistance to supplement federal aid,
providing $800 million for small business grants and $200 million in
small business tax credits. These programs and the federal and state
funds that support them will mitigate the adverse effects of the pandem-
ic on residential and commercial tenants and landlords.  Stabilizing
housing and small businesses, and minimizing court proceedings, continue
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. As such, an extension of approxi-
mately four months of the provisions of the COVID-19 Emergency Eviction
and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency
Protect our Small Businesses Act of 2021 are necessary to protect the
public health, safety, and general welfare of the people of the state of
New York.

 
LEGISLATIVE HISTORY:

This is a new bill. It amends the effective dates of Chapter 381 of the
Laws of 2020 and Chapter 73 of the Laws of 2021.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No direct, additional costs.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on May 1, 2021; provided, however, that the
amendments to parts A and B of chapter 381 of the laws of 2020 made by
this act shall not affect the expiration of such parts and shall be
repealed therewith; and provided further, that the amendments to parts A
and B of chapter 73 of the laws of 2021 made by this act shall not
affect the expiration of such parts and shall be deemed to expire there-
with.

S6362 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6362
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  chapter  381  of  the  laws of 2020 establishing the
   "COVID-19 Emergency Eviction and Foreclosure Prevention Act of  2020",
   in relation to extending the effectiveness thereof; and to amend chap-
   ter  73  of the laws of 2021 relating  to  establishing the  "COVID-19
   Emergency Protect Our Small Businesses Act of 2021",  in  relation  to
   extending the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 1 of part A of chapter 381 of  the
 laws  of 2020 establishing the "COVID-19 Emergency Eviction and Foreclo-
 sure Prevention Act of 2020", is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic written form:
   "NOTICE TO TENANT: If you have lost  income  or  had  increased  costs
 during  the COVID-19 pandemic, or moving would pose a significant health
 risk for you or a member of your household due to an increased risk  for
 severe  illness  or  death  from  COVID-19  due to an underlying medical
 condition, and you sign and deliver this hardship  declaration  form  to
 your  landlord,  you cannot be evicted until at least [May 1] AUGUST 31,
 2021 for nonpayment of rent or for holding over after the expiration  of
 your lease. You may still be evicted for violating your lease by persis-
 tently   and   unreasonably  engaging  in  behavior  that  substantially
 infringes on the use and enjoyment of  other  tenants  or  occupants  or
 causes a substantial safety hazard to others.
   If  your  landlord has provided you with this form, your landlord must
 also provide you with a mailing address and e-mail address to which  you
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11083-01-1

 S. 6362                             2
 
 can  return  this form. If your landlord has already started an eviction
 proceeding against you, you can return this form to  either  your  land-
 lord,  the court, or both at any time. You should keep a copy or picture
 of  the signed form for your records. You will still owe any unpaid rent
 to your landlord. You should also keep careful track of  what  you  have
 paid and any amount you still owe.
   For  more  information  about legal resources that may be available to
 you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379  if  you
 live  in  New York City or go to www.nycourts.gov/evictions/outside-nyc/
 or call a local bar association or legal services provider if  you  live
 outside  of  New York City. Rent relief may be available to you, and you
 should contact your local housing assistance office.
 
       TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
 I am a tenant, lawful occupant, or other person responsible  for  paying
 rent, use and occupancy, or any other financial obligation under a lease
 or tenancy agreement at (address of dwelling unit).
 YOU  MUST  INDICATE BELOW YOUR QUALIFICATION FOR  EVICTION PROTECTION BY
 SELECTING OPTION "A" OR "B", OR BOTH.
 
 A. ( ) I am experiencing financial hardship, and I am unable to  pay  my
 rent  or  other  financial obligations under the lease in full or obtain
 alternative suitable permanent housing because of one  or  more  of  the
 following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.
   3.  Childcare  responsibilities  or  responsibilities  to  care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have  negatively  affected  my  ability  or the ability of someone in my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4. Moving expenses and difficulty I have securing alternative  housing
 make  it  a  hardship for me to relocate to another residence during the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have  significantly  reduced  my  household  income   or   significantly
 increased my expenses.
 To  the  extent  that  I  have  lost  household  income or had increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic  unemployment  assistance, disability insurance, or paid family
 leave, that I have received since the start  of  the  COVID-19  pandemic
 does  not  fully  make  up  for my loss of household income or increased
 expenses.
 
 B. ( ) Vacating the premises and moving into new permanent housing would
 pose a significant health risk because I or one or more  members  of  my
 household  have  an  increased  risk  for  severe  illness or death from
 COVID-19 due to being over the age of sixty-five, having a disability or
 having an underlying medical condition, which may  include  but  is  not
 limited to being immunocompromised.

 S. 6362                             3
 
 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 be able to seek eviction after [May 1] AUGUST 31, 2021, and
 that the law may provide certain protections at that time that are sepa-
 rate from those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  2.  Sections  4  and 7 of part A of chapter 381 of the laws of 2020
 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
 Act of 2020", are amended to read as follows:
   § 4. Prohibition on initiation of eviction proceeding.  If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation  of  an eviction proceeding against the tenant until at least [May
 1] AUGUST 31, 2021, and in such event any specific time  limit  for  the
 commencement  of  an  eviction  proceeding shall be tolled until [May 1]
 AUGUST 31, 2021.
   § 7. Default judgments.  No  court  shall  issue  a  judgment  in  any
 proceeding  authorizing  a  warrant of eviction against a respondent who
 has defaulted, or authorize the enforcement of an eviction pursuant to a
 default judgment, prior to [May 1] AUGUST 31, 2021, without first  hold-
 ing  a  hearing  after the effective date of this act upon motion of the
 petitioner. The petitioner or an agent of the petitioner shall  file  an
 affidavit  attesting  that  the petitioner or the petitioner's agent has
 served notice of the date, time,  and  place  of  such  hearing  on  the
 respondent,  including  a copy of such notice. If a default judgment has
 been awarded prior to the effective date of this act, the default  judg-
 ment shall be removed and the matter restored to the court calendar upon
 the  respondent's  written or oral request to the court either before or
 during such hearing and an order to show cause  to  vacate  the  default
 judgment shall not be required.
   §  3.  Subdivision a of section 8 of part A of chapter 381 of the laws
 of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   a.  (i)  In  any  eviction proceeding in which an eviction warrant has
 been issued prior to the effective date of this act,  but  has  not  yet
 been  executed  as of the effective date of this act, including eviction
 proceedings filed on or before March 7, 2020, the court shall  stay  the
 execution  of  the  warrant  at  least until the court has held a status
 conference with the parties. (ii) In any  eviction  proceeding,  if  the
 tenant  provides a hardship declaration to the petitioner, the court, or
 an agent of the petitioner or the court, prior to the execution  of  the
 warrant, the execution shall be stayed until at least [May 1] AUGUST 31,
 2021.  If  such  hardship  declaration  is provided to the petitioner or
 agent of the petitioner, such petitioner or agent shall promptly file it

 S. 6362                             4
 
 with the court, advising the court in writing the index  number  of  all
 relevant cases.
   §  4.  Subdivision 4 of section 9 of part A of chapter 381 of the laws
 of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   4.  If  the petitioner fails to establish that the tenant persistently
 and unreasonably engaged in such behavior and the tenant provides or has
 provided a hardship declaration to the petitioner, petitioner's agent or
 the court, the  court  shall  stay  or  continue  to  stay  any  further
 proceedings until at least [May 1] AUGUST 31, 2021.
   §  5.  Section  13 of part A of chapter 381 of the laws of 2020 estab-
 lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act
 of 2020", is amended to read as follows:
   §  13.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine, ten and twelve of  this  act
 shall expire [May 1] AUGUST 31, 2021.
   §  6.  Section  2 of subpart A of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the  following statement, or a substantially equivalent statement
 in the mortagor's primary language, in 14-point type, published  by  the
 office  of court administration, whether in physical or electronic writ-
 ten form:
   "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
 during  the  COVID-19  pandemic,  and you sign and deliver this hardship
 declaration form to your mortgage lender or other foreclosing party, you
 cannot be foreclosed on until at least [May 1] AUGUST 31, 2021.
   If your mortgage lender or other foreclosing party provided  you  with
 this  form,  the  mortgage  lender  or other foreclosing party must also
 provide you with a mailing address and e-mail address to which  you  can
 return this form. If you are already in foreclosure proceedings, you may
 return  this form to the court. You should keep a copy or picture of the
 signed form for your records. You will still  owe  any  unpaid  mortgage
 payments  and  lawful  fees to your lender. You should also keep careful
 track of what you have paid and any amount you still owe.
            MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the mortgagor of the property  at  (address  of  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.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or

 S. 6362                             5
 
 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 also understand that my mortgage lender
 or other foreclosing party may pursue a foreclosure action against me on
 or after [May 1] AUGUST 31, 2021, if I do not fully repay any missed  or
 partial payments and lawful fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381 of
 the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
 closure Prevention Act of 2020", are amended to read as follows:
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least [May 1] AUGUST 31, 2021, and in such event any specific time limit
 for  the  commencement  of  an  action  to foreclose a mortgage shall be
 tolled until [May 1] AUGUST 31, 2021.
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has not been issued, including actions filed on or before March 7, 2020,
 if the mortgagor provides a  hardship  declaration  to  the  foreclosing
 party, the court, or an agent of the foreclosing party or the court, the
 proceeding  shall  be  stayed until at least [May 1] AUGUST 31, 2021. If
 such hardship declaration is provided to the foreclosing party or  agent
 of the foreclosing party, such foreclosing party or agent shall promptly
 file  it  with the court, advising the court in writing the index number
 of all relevant cases.
   § 8. In any action to foreclose a mortgage in which a judgment of sale
 has been issued prior to the effective date of this act but has not  yet
 been  executed  as  of the effective date of this act, including actions
 filed on or before March 7, 2020, the court shall stay the execution  of
 the  judgment at least until the court has held a status conference with
 the parties. In any action to foreclose a  mortgage,  if  the  mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution
 of  the  judgment,  the execution shall be stayed until at least [May 1]
 AUGUST 31, 2021.  If such hardship declaration is provided to the  fore-
 closing  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.

 S. 6362                             6
 
   §  12.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine and eleven of this act  shall
 expire [May 1] AUGUST 31, 2021.
   §  8. Subdivision 3 of section 2 of subpart B of part B of chapter 381
 of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   3. "Hardship Declaration" means the following statement, or a substan-
 tially equivalent statement in the owner's primary language, in 14-point
 type, whether in physical or electronic written form:
   "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
   I  am  the  owner  of the 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 [May 1] AUGUST 31,  2021,
 if I do not fully repay any missed or partial payments and fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  9. Subdivision 3 of section 3 of subpart B of part B of chapter 381
 of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   3.  The  submission  of  such  a  declaration, unless withdrawn by the
 owner, shall act as a temporary stay  applicable  to  all  entities  and
 persons  of  all  such  tax  lien  sales and tax foreclosure actions and
 proceedings  against  such  owner  for  such  property  that  have  been
 commenced or could have been commenced before [May 1] AUGUST 31, 2021.

 S. 6362                             7
 
   §  10.  Section 4 of subpart B of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four and five of section  three  shall
 expire [May 1] AUGUST 31, 2021.
   § 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
 of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   2. Hardship declaration. For purposes of this act, "hardship  declara-
 tion"  shall mean the following statement, or a substantially equivalent
 statement in the owner or  mortgagor's  primary  language,  in  14-point
 type, whether in physical or electronic written form, and the department
 of  financial  services shall publish a copy of the hardship declaration
 on its website:
   "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
 costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
 ship declaration  form  to  your  lending  institution,  you  cannot  be
 discriminated  against  in the determination of whether credit should be
 extended or reported negatively to a credit reporting  agency  until  at
 least [May 1] AUGUST 31, 2021.
   If  a  lending  institution  provided  you with this form, the lending
 institution must also provide you with  a  mailing  address  and  e-mail
 address  to  which  you  can return this form. You should keep a copy or
 picture of the signed form for your records.
   OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the OWNER/MORTGAGOR of  the  property  at  (address  of  dwelling
 unit).  Including my primary residence, I own, whether directly or indi-
 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:

 S. 6362                             8
 
 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."
   §  12.  Section 2 of subpart C of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   §  2. This act take effect immediately and shall expire [May 1] AUGUST
 31, 2021.
   § 13. Section 2 of subpart D of part B of chapter 381 of the  laws  of
 2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   § 2. This act shall take effect immediately and shall expire  [May  1]
 AUGUST 31, 2021. This act shall be deemed to have been in full force and
 effect on and after March 7, 2020.
   §  14.  Subdivision 4 of section 1 of part A of chapter 73 of the laws
 of 2021 establishing  the  "COVID-19 Emergency Protect Our  Small  Busi-
 nesses Act of 2021", is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  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 written 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 cannot be evicted until at least [May 1] AUGUST  31,  2021
 for  nonpayment of rent or for holding over after the expiration of your
 lease. You may still be evicted for violating your lease by persistently
 and unreasonably engaging in behavior that  substantially  infringes  on
 the use and enjoyment of other tenants or occupants or causes a substan-
 tial safety hazard to others.
   If  your  landlord has provided you with this form, your landlord must
 also provide you with a mailing address and e-mail address to which  you
 can  return  this form. If your landlord has already started an eviction
 proceeding against you, you can return this form to  either  your  land-
 lord,  the court, or both at any time. You should keep a copy or picture
 of the signed form for your records. You will still owe any unpaid  rent
 to  your  landlord.  You should also keep careful track of what you have
 paid and any amount you still owe.
 
          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 fifty
 or fewer persons.  My business is experiencing financial  hardship,  and
 is unable to pay the rent or other financial obligations under the lease
 in full or obtain an alternative suitable commercial property because of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2.  Significant  increase  in  necessary expenses related to providing
 personal protective equipment to employees or purchasing and  installing

 S. 6362                             9
 
 other protective equipment to prevent the transmission of COVID-19 with-
 in the business.
   3.  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.
   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  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  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 be able to seek eviction after
 [May  1]  AUGUST  31,  2021,  and  that  the  law  may  provide  certain
 protections  at that time that are separate from those available through
 this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 15.  Section 2 of part A of chapter 73 of the laws  of  2021  estab-
 lishing  the  "COVID-19  Emergency  Protect  Our Small Businesses Act of
 2021", is amended to read as follows:
   § 2. No commercial tenant shall be removed from the  possession  prior
 to [May 1] AUGUST 31, 2021, except by an eviction proceeding.
   § 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
 ing  the  "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
 is amended to read as follows:
   § 5. Prohibition on initiation of eviction proceeding.  If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation  of  an eviction proceeding against the tenant until at least [May
 1] AUGUST 31, 2021, and in such event any specific time  limit  for  the
 commencement  of  an  eviction  proceeding shall be tolled until [May 1]
 AUGUST 31, 2021.
   § 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
 ing the "COVID-19 Emergency Protect Our Small Businesses Act  of  2021",
 is amended to read as follows:
   §  7.  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,
 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 [May 1]
 AUGUST 31, 2021. If such hardship declaration is provided to  the  peti-
 tioner  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.

 S. 6362                            10
 
   § 18. Paragraph (ii) of subdivision a of section 8 of part A of  chap-
 ter  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect
 Our Small Businesses Act of 2021", is amended to read as follows:
   (ii)  In  any  eviction  proceeding, 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, prior to the execution of the
 warrant or judgment, the execution shall be stayed until at  least  [May
 1]  AUGUST  31,  2021.   If such hardship declaration is provided to the
 petitioner or plaintiff or agent of the petitioner  or  plaintiff,  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.
   § 19. Subdivision 4 of section 9 of part A of chapter 73 of  the  laws
 of  2021  establishing  the  "COVID-19 Emergency Protect Our Small Busi-
 nesses Act of 2021", is amended to read as follows:
   4. If the petitioner or plaintiff fails to establish that  the  tenant
 persistently  and  unreasonably  engaged in such behavior and the tenant
 provides or has provided  a  hardship  declaration  to  the  petitioner,
 petitioner's  or plaintiff's agent or the court, the court shall stay or
 continue to stay any further proceedings until at least [May  1]  AUGUST
 31, 2021.
   §  20.  Section  13 of part A of chapter 73 of the laws of 2021 estab-
 lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
 2021", is amended to read as follows:
   §  13.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine, ten and twelve of  this  act
 shall expire [May 1] AUGUST 31, 2021.
   §  21.  Section 2 of subpart A  of part B of chapter 73 of the laws of
 2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
 Act of 2021", is amended to read as follows:
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the following statement in 14-point type, published by the office
 of court administration, whether in physical 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 cannot be fore-
 closed on until at least [May 1] AUGUST 31, 2021.
   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.
       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 fifty or fewer persons. My business  is  experiencing
 financial  hardship and is unable to pay the mortgage in full because of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.

 S. 6362                            11
 
   2. 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.
   3.  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.
   4. 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 also understand that
 the  mortgage lender or other foreclosing party may pursue a foreclosure
 action against the business on or after [May 1] AUGUST 31, 2021, if I do
 not fully repay any missed or partial payments and lawful fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 22. Section 5 of subpart A  of part B of chapter 73 of the  laws  of
 2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
 Act of 2021", is amended to read as follows:
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least [May 1] AUGUST 31, 2021, and in such event any specific time limit
 for  the  commencement  of  an  action  to foreclose a mortgage shall be
 tolled until [May 1] AUGUST 31, 2021.
   § 23. Sections 7 and 8 of subpart A  of part B of chapter  73  of  the
 laws  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small
 Businesses Act of 2021", are amended to read as follows:
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has not been issued, including actions filed on or before March 7, 2020,
 if the mortgagor provides a  hardship  declaration  to  the  foreclosing
 party, the court, or an agent of the foreclosing party or the court, the
 proceeding  shall  be  stayed until at least [May 1] AUGUST 31, 2021. If
 such hardship declaration is provided to the foreclosing party or  agent
 of the foreclosing party, such foreclosing party or agent shall promptly
 file  it  with the court, advising the court in writing the index number
 of all relevant cases.
   § 8. In any action to foreclose a mortgage in which a judgment of sale
 has been issued prior to the effective date of this act but has not  yet
 been  executed  as  of the effective date of this act, including actions
 filed on or before March 7, 2020, the court shall stay the execution  of
 the  judgment at least until the court has held a status conference with
 the parties. In any action to foreclose a  mortgage,  if  the  mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution

 S. 6362                            12
 
 of  the  judgment,  the execution shall be stayed until at least [May 1]
 AUGUST 31, 2021.  If such hardship declaration is provided to the  fore-
 closing  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.
   § 24. Section 12 of subpart A of part B of chapter 73 of the  laws  of
 2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
 Act of 2021", is amended to read as follows:
   § 12. This act shall take effect immediately and  sections  one,  two,
 three,  four, five, six, seven, eight, nine and eleven of this act shall
 expire [May 1] AUGUST 31, 2021.
   § 25.  Subdivision 3 of section 2 of subpart B  of part B  of  chapter
 73  of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
 Small Businesses Act of 2021", is amended to read as follows:
   3. "Hardship Declaration" means the following  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
 fifty 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:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2.  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.
   3.  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.
   4. 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 does not fully make up for  the  loss  of
 revenue or increased expenses.
   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 [May
 1]  AUGUST  31, 2021, 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."
   § 26.  Subdivision 3 of section 3 of subpart B  of part B  of  chapter
 73  of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
 Small Businesses Act of 2021", is amended to read as follows:
   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

 S. 6362                            13
 
 proceedings  against  such  owner  for  such  property  that  have  been
 commenced or could have been commenced before [May 1] AUGUST 31, 2021.
   §  27.  Section 4 of subpart B  of part B of chapter 73 of the laws of
 2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
 Act of 2021", is amended to read as follows:
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four and five of section  three  shall
 expire [May 1] AUGUST 31, 2021.
   §  28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
 of the laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our
 Small Businesses Act of 2021", is amended to read as follows:
   2.  Hardship declaration. For purposes of this act, "hardship declara-
 tion" shall mean 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 [May  1]  AUGUST  31,
 2021.
   If  a  lending  institution  provided  you with this form, the lending
 institution must also provide you with  a  mailing  address  and  e-mail
 address  to  which  you  can return this form. You should keep a copy or
 picture of the signed form for your records.
   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 fifty or fewer persons. My business  is  experiencing
 financial hardship, and is unable to pay the mortgage in full because of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2. 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.
   3.  Moving  expenses and difficulty in securing an alternative commer-
 cial property make it a hardship for the business to relocate to another
 commercial property during the COVID-19 pandemic.
   4. 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 does not fully make up for  the  loss  of
 revenue 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."

 S. 6362                            14
 
   §  29.  Section  2 of subpart C of part B of chapter 73 of the laws of
 2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
 Act of 2021", is amended to read as follows:
   §  2. This act take effect immediately and shall expire [May 1] AUGUST
 31, 2021.
   § 30. This act shall take effect immediately and shall  be  deemed  to
 have  been  in  full force and effect on May 1, 2021; provided, however,
 that the amendments to parts A and B of chapter 381 of the laws of  2020
 made by this act shall not affect the expiration of such parts and shall
 be  repealed  therewith;  and  provided  further, that the amendments to
 parts A and B of chapter 73 of the laws of 2021 made by this  act  shall
 not  affect  the  expiration of such parts and shall be deemed to expire
 therewith.

Co-Sponsors

view additional co-sponsors

S6362A (ACTIVE) - Details

See Assembly Version of this Bill:: A7175
Law Section:: Real Property
Laws Affected:: Amd Chap 381 of 2020, generally; amd Chap 73 of 2021, generally

S6362A (ACTIVE) - Summary

Extends the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" and the "COVID-19 Emergency Protect Our Small Businesses Act of 2021" until August 31, 2021.

S6362A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6362A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend chapter 381 of the laws of 2020 establishing the
"COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020", in
relation to extending the effectiveness thereof; and to amend chapter 73
of the laws of 2021 relating  to  establishing the  "COVID-19 Emergency
Protect Our Small Businesses Act of 2021", in relation to extending the
effectiveness thereof

 
PURPOSE:

Extends through August 31, 2021 the effectiveness of the statutory limi-
tations on eviction of residential and certain commercial tenants expe-
riencing financial hardship, limitations on certain foreclosures and tax
sales, and related provisions, which may otherwise expire after May 1,
2021.

 
SUMMARY OF PROVISIONS:

The bill would amend various provisions of Chapter 381 of the Laws of
2020 and Chapter 73 of the Laws of 2021, to extend various provisions
through August 31, 2021. The provisions that are extended include those
that:

*Allow residential tenants suffering a financial or health-related hard-
ship to file a hardship declaration, under penalty of perjury, with
their landlord or a court to prevent the filing of an eviction or stay
any eviction proceeding in progress, with exceptions for tenants who
persistently and unreasonably engage in behavior that substantially
infringes on the use and enjoyment of other tenants or occupants or
causes a substantial safety hazard to others;

*Allow mortgagors who own ten or fewer residential dwellings to file a
hardship declaration with their mortgage lender, other foreclosing
party, or a court to prevent the filing of a foreclosure action or stay
any foreclosure action in progress;

*Allow property owners who own ten or fewer residential dwellings to
file a hardship declaration to prevent local governments from engaging
in any tax lien sale or tax foreclosure;

*Allow commercial tenants that are residents of the state, independently
owned and operated, and not dominant in their field, and employ 50 or
fewer persons, to file a hardship declaration to prevent the filing of
any eviction or stay any eviction proceeding in progress;

*Allow mortgagors for properties where the owner or mortgagor owns ten
or fewer commercial units, is a business that is resident of the state,
independently owned and operated, and not dominant in its field, and
employs 50 or fewer persons to file a hardship declaration with their
mortgage lender, other foreclosing party, or the court to prevent the
filing of a foreclosure action or stay any foreclosure action in
progress; and

- Allow an eligible commercial property owner to file a hardship decla-
ration with any village, town, city, school district, county, or other
entity or person that conducts tax foreclosures or tax lien sales, to
stay such foreclosure or lien sale.

 
JUSTIFICATION:

Measures necessary to contain the spread of COVID-19 have brought about
widespread economic and societal disruption, placing the state in
unprecedented circumstances. Millions of residents have experienced
financial hardship due to such measures, which closed businesses and
schools and triggered high levels of unemployment and reductions of
income across the state. The pandemic has also interrupted court oper-
ations, and hampered the ability of parties to litigation to safely
travel to and enter a courtroom, retain and pay for counsel, participate
in settlement conferences, and engage in other activities that enable
New Yorkers to protect their rights and settle disputes.

On December 28, 2020, the legislature found that absent statutory action
to restrict residential evictions and foreclosures, hundreds of thou-
sands of residents would be at risk of losing their homes and that such
housing instability would exacerbate the already severe negative effects
of the COVID-19 pandemic, threatening the wellbeing of all New Yorkers.
In response, the legislature passed and the governor signed into law
chapter 381 of the laws of 2020, establishing the COVID-19 Emergency
Eviction and Foreclosure Prevention Act of 2020, to prevent residential
evictions among those who have experienced financial hardship during the
COVID-19 pandemic and those who cannot move due to an increased risk of
severe illness or death. That act also prevented residential foreclo-
sures among homeowners and small landlords who have experienced such
financial hardship. The eviction restrictions do not apply if a 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.

In January of 2021, the Legislature found similarly that absent legisla-
tive action thousands of small businesses would also face eviction or
mortgage or tax foreclosure due to measures necessary to contain the
spread of COVID-19. The legislature further found that ensuring small
businesses can survive in this unprecedented time is to the mutual bene-
fit of all New Yorkers and will help the state address the pandemic,
protect public health, and set the stage for recovery. To avoid mass
evictions and foreclosures of small businesses, the legislature passed
the COVID-19 Emergency Protect our Small Businesses Act of 2021 in Janu-
ary and the Governor signed the bill into law on March 9, 2021.

Most of the provisions of the COVID-19 Emergency Eviction and Foreclo-
sure Prevention Act of 2020 and the COVID-19 Emergency Protect our Small
Businesses Act of 2021 expire on May 1, 2021. On March 28, 2021, the
U.S. Centers for Disease Control and Prevention (CDC) issued an Order
extending through June 30, 2021 restrictions on residential evictions
that had been in place pursuant to prior CDC Orders issued on September
4, 2020 and January 29, 2021. In the March 28, 2021 Order, the CDC stat-
ed that the national rate of new COVID-19 cases "remains almost twice as
high as the initial peak in April of 2020 and transmission rates are
similar to the second peak in July 2020." The CDC further noted that
preliminary research in "states that implemented and lifted eviction
moratoria" has indicated "that evictions substantially contribute to
COVID-19 transmission." The CDC found that "the fundamental public
health threat that existed on September 4, 2020, and January 29, 2021
-the risk of large numbers of residential evictions contributing to the
spread of COVID-19 throughout the United States -- continues to exist.
It is imperative that public health authorities act quickly to ward off
an unprecedented wave of evictions, which would threaten new spikes" in
transmission "at a critical juncture in the fight against COVID-19."
The March 28, 2021 CDC Order explicitly provided that it does not
preclude states from "imposing additional requirements that provide
greater public health protections and are more restrictive" than the
CDC's requirements. Restrictions in New York and other states apply to
residential foreclosures as well as evictions, and many states, includ-
ing Connecticut, Hawaii, Illinois, Minnesota, Oregon, and Washington
have joined New York in enacting restrictions on filings of eviction
cases against tenants experiencing a hardship during the pandemic, as
well as restricting the actual execution of evictions.  As noted above,
New York has also enacted similar restrictions on commercial evictions
and foreclosures.

Current data demonstrates the need for continuing emergency public
health measures in New York. According to the CDC, New York's current
rates of COVID-19 transmission are among the highest in the nation.  In
its weekly data summaries, the CDC classifies transmission rates as
"high" if there are 100 or more new cases per 100,000 people. As of
April 15, 2021, the statewide rate in New York was 233 per 100,000
people. In its March 28, 2021 Order, the CDC stated that 37% of counties
nationally had a high rate of transmission and an additional 30% had a
"substantial" rate (50-99.9 cases per 100,000 people). As of April 15,
2021, CDC data show that 87% of counties in New York -- 54 of 62 coun-
ties, including all of the state's most populous counties -- had a high
rate of transmission and all of the other eight counties had a substan-
tial rate of transmission. No county in New York had a "moderate" or
"low" rate.

In April of 2021, the legislature passed and the governor signed into
law budget legislation directing the commissioner of the state office of
temporary and disability assistance to implement, as soon as practica-
ble, the COVID-19 Emergency Rental Assistance Program (CERAP). The
program will provide rental and utility assistance for households obli-
gated to pay rent on their primary residence who have experienced finan-
cial hardship due directly or indirectly to the COVID-19 pandemic. Such
assistance will cover up to twelve months of rent and utility arrears
and, for rent-burdened households, up to three additional months of
prospective rent. The budget authorized spending more than $2.4 billion
for CERAP, including federal relief funds and additional state funds.
The State budget also allocated $600 million for the Homeownership
Relief and Protection Program to provide assistance with mortgage, util-
ity, home energy, and other homeownership expenses during the pandemic.
To assist small businesses, the budget also included a historic $1
billion investment of state assistance to supplement federal aid,
providing $800 million for small business grants and $200 million in
small business tax credits. These programs and the federal and state
funds that support them will mitigate the adverse effects of the pandem-
ic on residential and commercial tenants and landlords.  Stabilizing
housing and small businesses, and minimizing court proceedings, continue
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. As such, an extension of approxi-
mately four months of the provisions of the COVID-19 Emergency Eviction
and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency
Protect our Small Businesses Act of 2021 are necessary to protect the
public health, safety, and general welfare of the people of the state of
New York.

 
LEGISLATIVE HISTORY:

This is a new bill. It amends the effective dates of Chapter 381 of the
Laws of 2020 and Chapter 73 of the Laws of 2021.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No direct, additional costs.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on May 1, 2021; provided, however, that the
amendments to parts A and B of chapter 381 of the laws of 2020 made by
this act shall not affect the expiration of such parts and shall be
repealed therewith; and provided further, that the amendments to parts A
and B of chapter 73 of the laws of 2021 made by this act shall not
affect the expiration of such parts and shall be deemed to expire there-
with.

S6362A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6362--A
     Cal. No. 796
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sens. KAVANAGH, KAPLAN, MYRIE, BAILEY, HOYLMAN, JACKSON,
   KRUEGER, RIVERA, SALAZAR -- read twice and ordered printed,  and  when
   printed  to be committed to the Committee on Housing, Construction and
   Community Development -- reported favorably from  said  committee  and
   committed  to  the  Committee  on  Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  chapter  381  of  the  laws of 2020 establishing the
   "COVID-19 Emergency Eviction and Foreclosure Prevention Act of  2020",
   in relation to extending the effectiveness thereof; and to amend chap-
   ter  73  of the laws of 2021 relating  to  establishing the  "COVID-19
   Emergency Protect Our Small Businesses Act of 2021",  in  relation  to
   extending the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 1 of part A of chapter 381 of  the
 laws  of 2020 establishing the "COVID-19 Emergency Eviction and Foreclo-
 sure Prevention Act of 2020", is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic written form:
   "NOTICE TO TENANT: If you have lost  income  or  had  increased  costs
 during  the COVID-19 pandemic, or moving would pose a significant health
 risk for you or a member of your household due to an increased risk  for
 severe  illness  or  death  from  COVID-19  due to an underlying medical
 condition, and you sign and deliver this hardship  declaration  form  to
 your  landlord,  you cannot be evicted until at least [May 1] AUGUST 31,
 2021 for nonpayment of rent or for holding over after the expiration  of
 your lease. You may still be evicted for violating your lease by persis-
 tently   and   unreasonably  engaging  in  behavior  that  substantially
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11083-03-1

 S. 6362--A                          2
 
 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. Rent relief may be available to you,  and  you
 should contact your local housing assistance office.
 
       TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
 
 I  am  a tenant, lawful occupant, or other person responsible for paying
 rent, use and occupancy, or any other financial obligation under a lease
 or tenancy agreement at (address of dwelling unit).
 YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR   EVICTION PROTECTION  BY
 SELECTING OPTION "A" OR "B", OR BOTH.
 
 A.  (  ) I am experiencing financial hardship, and I am unable to pay my
 rent or other financial obligations under the lease in  full  or  obtain
 alternative  suitable  permanent  housing  because of one or more of the
 following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2. Increase in necessary out-of-pocket expenses related to  performing
 essential  work or related to health impacts during the COVID-19 pandem-
 ic.
   3. Childcare responsibilities  or  responsibilities  to  care  for  an
 elderly,  disabled,  or  sick family member during the COVID-19 pandemic
 have negatively affected my ability or the  ability  of  someone  in  my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4.  Moving expenses and difficulty I have securing alternative housing
 make it a hardship for me to relocate to another  residence  during  the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have   significantly   reduced  my  household  income  or  significantly
 increased my expenses.
 To the extent that  I  have  lost  household  income  or  had  increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic unemployment assistance, disability insurance, or  paid  family
 leave,  that  I  have  received since the start of the COVID-19 pandemic
 does not fully make up for my loss  of  household  income  or  increased
 expenses.
 
 B. ( ) Vacating the premises and moving into new permanent housing would
 pose  a  significant  health risk because I or one or more members of my
 household have an increased  risk  for  severe  illness  or  death  from
 COVID-19 due to being over the age of sixty-five, having a disability or

 S. 6362--A                          3
 
 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 be able to seek eviction after [May 1] AUGUST 31, 2021, and
 that the law may provide certain protections at that time that are sepa-
 rate from those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  2. Sections 4, 6 and 7 of part A of chapter 381 of the laws of 2020
 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
 Act of 2020", are amended to read as follows:
   § 4. Prohibition on initiation of eviction proceeding.  If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation  of  an eviction proceeding against the tenant until at least [May
 1] AUGUST 31, 2021, and in such event any specific time  limit  for  the
 commencement  of  an  eviction  proceeding shall be tolled until [May 1]
 AUGUST 31, 2021.
   § 6. Pending proceedings. In  any  eviction  proceeding  in  which  an
 eviction  warrant  has  not  been issued, including eviction proceedings
 filed on or before March 7, 2020, if  the  tenant  provides  a  hardship
 declaration  to the petitioner, the court, or an agent of the petitioner
 or the court, the eviction proceeding shall be  stayed  until  at  least
 [May 1] AUGUST 31, 2021. If such hardship declaration is provided to the
 petitioner  or  agent,  such  petitioner or agent shall promptly file it
 with the court, advising the court in writing the index  number  of  all
 relevant cases.
   §  7.  Default  judgments.  No  court  shall  issue  a judgment in any
 proceeding authorizing a warrant of eviction against  a  respondent  who
 has defaulted, or authorize the enforcement of an eviction pursuant to a
 default  judgment, prior to [May 1] AUGUST 31, 2021, without first hold-
 ing a hearing after the effective date of this act upon  motion  of  the
 petitioner.  The  petitioner or an agent of the petitioner shall file an
 affidavit attesting that the petitioner or the  petitioner's  agent  has
 served  notice  of  the  date,  time,  and  place of such hearing on the
 respondent, including a copy of such notice. If a default  judgment  has
 been  awarded prior to the effective date of this act, the default judg-
 ment shall be removed and the matter restored to the court calendar upon
 the respondent's written or oral request to the court either  before  or
 during  such  hearing  and  an order to show cause to vacate the default
 judgment shall not be required.
   § 3. Subdivision a of section 8 of part A of chapter 381 of  the  laws
 of  2020  establishing  the "COVID-19 Emergency Eviction and Foreclosure
 Prevention Act of 2020", is amended to read as follows:

 S. 6362--A                          4
 
   a. (i) In any eviction proceeding in which  an  eviction  warrant  has
 been  issued  prior  to  the effective date of this act, but has not yet
 been executed as of the effective date of this act,  including  eviction
 proceedings  filed  on or before March 7, 2020, the court shall stay the
 execution  of  the  warrant  at  least until the court has held a status
 conference with the parties. (ii) In any  eviction  proceeding,  if  the
 tenant  provides a hardship declaration to the petitioner, the court, or
 an agent of the petitioner or the court, prior to the execution  of  the
 warrant, the execution shall be stayed until at least [May 1] AUGUST 31,
 2021.  If  such  hardship  declaration  is provided to the petitioner or
 agent of the petitioner, such petitioner or agent shall promptly file it
 with the court, advising the court in writing the index  number  of  all
 relevant cases.
   §  4.  Subdivision 4 of section 9 of part A of chapter 381 of the laws
 of 2020 establishing the "COVID-19 Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   4.  If  the petitioner fails to establish that the tenant persistently
 and unreasonably engaged in such behavior and the tenant provides or has
 provided a hardship declaration to the petitioner, petitioner's agent or
 the court, the  court  shall  stay  or  continue  to  stay  any  further
 proceedings until at least [May 1] AUGUST 31, 2021.
   §  5.  Section  13 of part A of chapter 381 of the laws of 2020 estab-
 lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act
 of 2020", is amended to read as follows:
   §  13.  This  act shall take effect immediately and sections one, two,
 three, four, five, six, seven, eight, nine, ten and twelve of  this  act
 shall expire [May 1] AUGUST 31, 2021.
   §  6.  Section  2 of subpart A of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the  following statement, or a substantially equivalent statement
 in the mortagor's primary language, in 14-point type, published  by  the
 office  of court administration, whether in physical or electronic writ-
 ten form:
   "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
 during  the  COVID-19  pandemic,  and you sign and deliver this hardship
 declaration form to your mortgage lender or other foreclosing party, you
 cannot be foreclosed on until at least [May 1] AUGUST 31, 2021.
   If your mortgage lender or other foreclosing party provided  you  with
 this  form,  the  mortgage  lender  or other foreclosing party must also
 provide you with a mailing address and e-mail address to which  you  can
 return this form. If you are already in foreclosure proceedings, you may
 return  this form to the court. You should keep a copy or picture of the
 signed form for your records. You will still  owe  any  unpaid  mortgage
 payments  and  lawful  fees to your lender. You should also keep careful
 track of what you have paid and any amount you still owe.
            MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the mortgagor of the property  at  (address  of  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.

 S. 6362--A                          5
 
   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 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 also understand that my mortgage lender
 or other foreclosing party may pursue a foreclosure action against me on
 or after [May 1] AUGUST 31, 2021, if I do not fully repay any missed  or
 partial payments and lawful fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381 of
 the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
 closure Prevention Act of 2020", are amended to read as follows:
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least [May 1] AUGUST 31, 2021, and in such event any specific time limit
 for  the  commencement  of  an  action  to foreclose a mortgage shall be
 tolled until [May 1] AUGUST 31, 2021.
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has not been issued, including actions filed on or before March 7, 2020,
 if the mortgagor provides a  hardship  declaration  to  the  foreclosing
 party, the court, or an agent of the foreclosing party or the court, the
 proceeding  shall  be  stayed until at least [May 1] AUGUST 31, 2021. If
 such hardship declaration is provided to the foreclosing party or  agent
 of the foreclosing party, such foreclosing party or agent shall promptly
 file  it  with the court, advising the court in writing the index number
 of all relevant cases.
   § 8. In any action to foreclose a mortgage in which a judgment of sale
 has been issued prior to the effective date of this act but has not  yet

 S. 6362--A                          6
 
 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  [May  1]
 AUGUST  31, 2021.  If such hardship declaration is provided to the fore-
 closing 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.
   § 12. This act shall take effect immediately and  sections  one,  two,
 three,  four, five, six, seven, eight, nine and eleven of this act shall
 expire [May 1] AUGUST 31, 2021.
   § 8. Subdivision 3 of section 2 of subpart B of part B of chapter  381
 of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   3. "Hardship Declaration" means the following statement, or a substan-
 tially equivalent statement in the owner's primary language, in 14-point
 type, whether in physical or electronic written form:
   "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the owner of the 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 [May 1] AUGUST 31, 2021,
 if I do not fully repay any missed or partial payments and fees.
 Signed:
 Printed Name:
 Date Signed:

 S. 6362--A                          7
 
 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."
   §  9. Subdivision 3 of section 3 of subpart B of part B of chapter 381
 of the laws of 2020 establishing the "COVID-19  Emergency  Eviction  and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   3.  The  submission  of  such  a  declaration, unless withdrawn by the
 owner, shall act as a temporary stay  applicable  to  all  entities  and
 persons  of  all  such  tax  lien  sales and tax foreclosure actions and
 proceedings  against  such  owner  for  such  property  that  have  been
 commenced or could have been commenced before [May 1] AUGUST 31, 2021.
   §  10.  Section 4 of subpart B of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four and five of section  three  shall
 expire [May 1] AUGUST 31, 2021.
   § 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
 of  the  laws  of 2020 establishing the "COVID-19 Emergency Eviction and
 Foreclosure Prevention Act of 2020", is amended to read as follows:
   2. Hardship declaration. For purposes of this act, "hardship  declara-
 tion"  shall mean the following statement, or a substantially equivalent
 statement in the owner or  mortgagor's  primary  language,  in  14-point
 type, whether in physical or electronic written form, and the department
 of  financial  services shall publish a copy of the hardship declaration
 on its website:
   "NOTICE TO OWNER/MORTGAGOR: If you have lost income or  had  increased
 costs  due to the COVID-19 pandemic, and you sign and deliver this hard-
 ship declaration  form  to  your  lending  institution,  you  cannot  be
 discriminated  against  in the determination of whether credit should be
 extended or reported negatively to a credit reporting  agency  until  at
 least [May 1] AUGUST 31, 2021.
   If  a  lending  institution  provided  you with this form, the lending
 institution must also provide you with  a  mailing  address  and  e-mail
 address  to  which  you  can return this form. You should keep a copy or
 picture of the signed form for your records.
   OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
   I am the OWNER/MORTGAGOR of  the  property  at  (address  of  dwelling
 unit).  Including my primary residence, I own, whether directly or indi-
 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

 S. 6362--A                          8
 
 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."
   §  12.  Section 2 of subpart C of part B of chapter 381 of the laws of
 2020 establishing  the  "COVID-19  Emergency  Eviction  and  Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   §  2. This act take effect immediately and shall expire [May 1] AUGUST
 31, 2021.
   § 13. Section 2 of subpart D of part B of chapter 381 of the  laws  of
 2020  establishing  the  "COVID-19  Emergency  Eviction  and Foreclosure
 Prevention Act of 2020", is amended to read as follows:
   § 2. This act shall take effect immediately and shall expire  [May  1]
 AUGUST 31, 2021. This act shall be deemed to have been in full force and
 effect on and after March 7, 2020.
   §  14.  Subdivision 4 of section 1 of part A of chapter 73 of the laws
 of 2021 establishing  the  "COVID-19 Emergency Protect Our  Small  Busi-
 nesses Act of 2021", is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  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 written 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 cannot be evicted until at least [May 1] AUGUST  31,  2021
 for  nonpayment of rent or for holding over after the expiration of your
 lease. You may still be evicted for violating your lease by persistently
 and unreasonably engaging in behavior that  substantially  infringes  on
 the use and enjoyment of other tenants or occupants or causes a substan-
 tial safety hazard to others.
   If  your  landlord has provided you with this form, your landlord must
 also provide you with a mailing address and e-mail address to which  you
 can  return  this form. If your landlord has already started an eviction
 proceeding against you, you can return this form to  either  your  land-
 lord,  the court, or both at any time. You should keep a copy or picture
 of the signed form for your records. You will still owe any unpaid  rent
 to  your  landlord.  You should also keep careful track of what you have
 paid and any amount you still owe.

          COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
                             COVID-19 PANDEMIC

 S. 6362--A                          9
 
 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 fifty
 or  fewer persons.   My business is experiencing financial hardship, and
 is unable to pay the rent or other financial obligations under the lease
 in full or obtain an alternative suitable commercial property because of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2. 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.
   3. 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.
   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 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 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 be able to seek eviction  after
 [May  1]  AUGUST  31,  2021,  and  that  the  law  may  provide  certain
 protections at that time that are separate from those available  through
 this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  15.    Section 2 of part A of chapter 73 of the laws of 2021 estab-
 lishing the "COVID-19 Emergency Protect  Our  Small  Businesses  Act  of
 2021", is amended to read as follows:
   §  2.  No commercial tenant shall be removed from the possession prior
 to [May 1] AUGUST 31, 2021, except by an eviction proceeding.
   § 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
 ing the "COVID-19 Emergency Protect Our Small Businesses Act  of  2021",
 is amended to read as follows:
   § 5. Prohibition on initiation of eviction proceeding.  If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to  the  landlord  or an agent of the landlord, there shall be no initi-
 ation of an eviction proceeding against the tenant until at  least  [May
 1]  AUGUST  31,  2021, and in such event any specific time limit for the
 commencement of an eviction proceeding shall be  tolled  until  [May  1]
 AUGUST 31, 2021.

 S. 6362--A                         10
 
   § 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
 ing  the  "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
 is amended to read as follows:
   §  7.  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,
 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 [May 1]
 AUGUST 31, 2021. If such hardship declaration is provided to  the  peti-
 tioner  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.
   § 18. Paragraph (ii) of subdivision a of section 8 of part A of  chap-
 ter  73 of the laws of 2021 establishing the "COVID-19 Emergency Protect
 Our Small Businesses Act of 2021", is amended to read as follows:
   (ii) In any eviction proceeding, 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, prior to the execution of  the
 warrant  or  judgment, the execution shall be stayed until at least [May
 1] AUGUST 31, 2021.  If such hardship declaration  is  provided  to  the
 petitioner  or  plaintiff  or agent of the petitioner or plaintiff, 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.
   §  19.  Subdivision 4 of section 9 of part A of chapter 73 of the laws
 of 2021 establishing the "COVID-19 Emergency  Protect  Our  Small  Busi-
 nesses Act of 2021", is amended to read as follows:
   4.  If  the petitioner or plaintiff fails to establish that the tenant
 persistently and unreasonably engaged in such behavior  and  the  tenant
 provides  or  has  provided  a  hardship  declaration to the petitioner,
 petitioner's or plaintiff's agent or the court, the court shall stay  or
 continue  to  stay any further proceedings until at least [May 1] AUGUST
 31, 2021.
   § 20. Section 13 of part A of chapter 73 of the laws  of  2021  estab-
 lishing  the  "COVID-19  Emergency  Protect  Our Small Businesses Act of
 2021", is amended to read as follows:
   § 13. This act shall take effect immediately and  sections  one,  two,
 three,  four,  five, six, seven, eight, nine, ten and twelve of this act
 shall expire [May 1] AUGUST 31, 2021.
   § 21. Section 2 of subpart A  of part B of chapter 73 of the  laws  of
 2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
 Act of 2021", is amended to read as follows:
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means the following statement in 14-point type, published by the  office
 of court administration, whether in physical 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  cannot  be  fore-
 closed on until at least [May 1] AUGUST 31, 2021.
   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

 S. 6362--A                         11
 
 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 fifty or fewer persons. My business is experiencing
 financial hardship and is unable to pay the mortgage in full because  of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2.  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.
   3.  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.
   4. 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 also understand that
 the  mortgage lender or other foreclosing party may pursue a foreclosure
 action against the business on or after [May 1] AUGUST 31, 2021, if I do
 not fully repay any missed or partial payments and lawful fees.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 22. Section 5 of subpart A  of part B of chapter 73 of the  laws  of
 2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
 Act of 2021", is amended to read as follows:
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least [May 1] AUGUST 31, 2021, and in such event any specific time limit
 for  the  commencement  of  an  action  to foreclose a mortgage shall be
 tolled until [May 1] AUGUST 31, 2021.
   § 23. Sections 7 and 8 of subpart A  of part B of chapter  73  of  the
 laws  of  2021  establishing  the  "COVID-19 Emergency Protect Our Small
 Businesses Act of 2021", are amended to read as follows:
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has not been issued, including actions filed on or before March 7, 2020,
 if the mortgagor provides a  hardship  declaration  to  the  foreclosing
 party, the court, or an agent of the foreclosing party or the court, the
 proceeding  shall  be  stayed until at least [May 1] AUGUST 31, 2021. If

 S. 6362--A                         12
 
 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.
   § 8. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions
 filed  on or before March 7, 2020, the court shall stay the execution of
 the judgment at least until the court has held a status conference  with
 the  parties.  In  any  action to foreclose a mortgage, if the mortgagor
 provides a hardship declaration to the foreclosing party, the court,  or
 an  agent  of the foreclosing party or the court, prior to the execution
 of the judgment, the execution shall be stayed until at  least  [May  1]
 AUGUST  31, 2021.  If such hardship declaration is provided to the fore-
 closing 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.
   § 24. Section 12 of subpart A of part B of chapter 73 of the  laws  of
 2021  establishing  the "COVID-19 Emergency Protect Our Small Businesses
 Act of 2021", is amended to read as follows:
   § 12. This act shall take effect immediately and  sections  one,  two,
 three,  four, five, six, seven, eight, nine and eleven of this act shall
 expire [May 1] AUGUST 31, 2021.
   § 25.  Subdivision 3 of section 2 of subpart B  of part B  of  chapter
 73  of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
 Small Businesses Act of 2021", is amended to read as follows:
   3. "Hardship Declaration" means the following  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
 fifty 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:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2.  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.
   3.  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.
   4. 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 does not fully make up for  the  loss  of
 revenue or increased expenses.
   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 [May
 1]  AUGUST  31, 2021, if the business does not fully repay any missed or
 partial payments and fees.

 S. 6362--A                         13
 
 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."
   §  26.   Subdivision 3 of section 3 of subpart B  of part B of chapter
 73 of the laws of 2021 establishing the "COVID-19 Emergency Protect  Our
 Small Businesses Act of 2021", is amended to read as follows:
   3.  The  submission  of  such  a  declaration, unless withdrawn by the
 owner, shall act as a temporary stay  applicable  to  all  entities  and
 persons  of  all  such  tax  lien  sales and tax foreclosure actions and
 proceedings  against  such  owner  for  such  property  that  have  been
 commenced or could have been commenced before [May 1] AUGUST 31, 2021.
   §  27.  Section 4 of subpart B  of part B of chapter 73 of the laws of
 2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
 Act of 2021", is amended to read as follows:
   §  4.  This act shall take effect immediately and sections one and two
 and subdivisions one, two, three, four and five of section  three  shall
 expire [May 1] AUGUST 31, 2021.
   §  28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
 of the laws of 2021 establishing the  "COVID-19  Emergency  Protect  Our
 Small Businesses Act of 2021", is amended to read as follows:
   2.  Hardship declaration. For purposes of this act, "hardship declara-
 tion" shall mean 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 [May  1]  AUGUST  31,
 2021.
   If  a  lending  institution  provided  you with this form, the lending
 institution must also provide you with  a  mailing  address  and  e-mail
 address  to  which  you  can return this form. You should keep a copy or
 picture of the signed form for your records.
   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 fifty or fewer persons. My business  is  experiencing
 financial hardship, and is unable to pay the mortgage in full because of
 one or more of the following:
   1. Significant loss of revenue during the COVID-19 pandemic.
   2. 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.
   3.  Moving  expenses and difficulty in securing an alternative commer-
 cial property make it a hardship for the business to relocate to another
 commercial property during the COVID-19 pandemic.

 S. 6362--A                         14

   4. 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 does not fully make up for  the  loss  of
 revenue 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."
   §  29.  Section  2 of subpart C of part B of chapter 73 of the laws of
 2021 establishing the "COVID-19 Emergency Protect Our  Small  Businesses
 Act of 2021", is amended to read as follows:
   §  2. This act take effect immediately and shall expire [May 1] AUGUST
 31, 2021.
   § 30. This act shall take effect immediately and shall  be  deemed  to
 have  been  in  full force and effect on May 1, 2021; provided, however,
 that the amendments to parts A and B of chapter 381 of the laws of  2020
 made by this act shall not affect the expiration of such parts and shall
 be  repealed  therewith;  and  provided  further, that the amendments to
 parts A and B of chapter 73 of the laws of 2021 made by this  act  shall
 not  affect  the  expiration of such parts and shall be deemed to expire
 therewith.

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The New York State Senate

senate Bill S6362A

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 3, 2021 - floor Vote

Floor Vote: May 3, 2021

Apr 27, 2021 - Housing, Construction and Community Development committee Vote

Committee Vote: Apr 27, 2021

Apr 27, 2021 - Rules committee Vote

Committee Vote: Apr 27, 2021

Bill Amendments

Co-Sponsors

S6362 - Details

S6362 - Summary

S6362 - Sponsor Memo

S6362 - Bill Text download pdf

Co-Sponsors

S6362A (ACTIVE) - Details

S6362A (ACTIVE) - Summary

S6362A (ACTIVE) - Sponsor Memo

S6362A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6362A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 3, 2021 - floor Vote

Floor Vote: May 3, 2021

Apr 27, 2021 - Housing, Construction and Community Development committee Vote

Committee Vote: Apr 27, 2021

Apr 27, 2021 - Rules committee Vote

Committee Vote: Apr 27, 2021

Bill Amendments

Co-Sponsors

S6362 - Details

S6362 - Summary

S6362 - Sponsor Memo

S6362 - Bill Text download pdf

Co-Sponsors

S6362A (ACTIVE) - Details

S6362A (ACTIVE) - Summary

S6362A (ACTIVE) - Sponsor Memo

S6362A (ACTIVE) - Bill Text download pdf

Comments