S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6853
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 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";
   to  amend  chapter  56 of the laws of 2021, establishing the "COVID-19
   Emergency Rental Assistance Program of 2021"; and to amend the  social
   services  law, in relation to rental assistance; and to repeal certain
   provisions of the social services law upon expiration 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", as amended by chapter 104 of the  laws  of
 2021, is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point type, published by the office of court administration,  whether
 in physical or electronic written form:
   "NOTICE  TO  TENANT:  If  you  have lost income or had increased costs
 during the COVID-19 pandemic, or moving would pose a significant  health
 risk  for you or a member of your household due to an increased risk for
 severe illness or death from  COVID-19  due  to  an  underlying  medical
 condition,  and  you  sign and deliver this hardship declaration form to
 your landlord, you cannot be evicted until at least August 31, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10590-10-1
              

 S. 6853                             2
 
   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]  FINANCIAL  ASSISTANCE  may  be
 available  to  you, [and you] EVEN IF YOU HAVE NOT QUALIFIED FOR ASSIST-
 ANCE IN  THE  PAST,  UNDER  THE  COVID-19  EMERGENCY  RENTAL  ASSISTANCE
 PROGRAM.  YOU  should  contact  your  local housing assistance office OR
 VISIT HTTPS://OTDA.NY.GOV ON THE INTERNET  FOR  INFORMATION  ON  HOW  TO
 APPLY.
 
       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

 S. 6853                             3
 
 household have an increased  risk  for  severe  illness  or  death  from
 COVID-19 due to being over the age of sixty-five, having a disability or
 having  an  underlying  medical  condition, which may include but is not
 limited to being immunocompromised.
 
 I  understand  that  I  must comply with all other lawful terms under my
 tenancy, lease agreement or similar contract. I further understand  that
 lawful  fees,  penalties or interest for not having paid rent in full or
 met other financial obligations as required by my tenancy, lease  agree-
 ment  or  similar  contract  may  still  be charged or collected and may
 result in a monetary judgment against me.  I further understand that  my
 landlord  may  be  able to seek eviction after 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."
   § 2. The opening paragraph of section 1 and sections 2, 3, 4, 5, 6 and
 8  of subpart A of part B of chapter 381 of the laws of 2020, establish-
 ing the "COVID-19 Emergency Eviction and Foreclosure Prevention  Act  of
 2020",  sections  2,  5,  and 8 as amended by chapter 104 of the laws of
 2021, are amended to read as follows:
   This section shall apply to any action to foreclose a mortgage  relat-
 ing to residential real property OR A NON-JUDICIAL FORECLOSURE OF SHARES
 IN A RESIDENTIAL DWELLING, provided the owner or mortgagor of such prop-
 erty  is a natural person, regardless of how title is held, and owns ten
 or fewer dwelling units whether directly or indirectly. The [ten]  FIFTY
 or  fewer dwelling units may be in more than one property or building as
 long as the total aggregate number of [ten]  FIFTY  units  includes  the
 primary  residence  [of]  OWNED  BY  the  natural person requesting such
 relief, IF ANY, and the remaining units  are  currently  occupied  by  a
 tenant or are available for rent.
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the  following statement, or a substantially equivalent statement
 in the mortgagor's primary language, in 14-point type, published by  the
 office  of court administration, whether in physical or electronic writ-
 ten form:
   "NOTICE TO MORTGAGOR: If you have lost income or had  increased  costs
 during  the  COVID-19  pandemic,  and you sign and deliver this hardship
 declaration form to your mortgage lender OR THE SERVICER OF  YOUR  MORT-
 GAGE  or  other  foreclosing party, you cannot be foreclosed on until at
 least August 31, 2021.
   If your mortgage lender OR  MORTGAGE  SERVICER  or  other  foreclosing
 party  provided  you  with  this  form,  the mortgage lender OR MORTGAGE
 SERVICER 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  WITH  A  COPY  SENT SIMULTANEOUSLY TO THE FORECLOSING PLAINTIFF'S
 ATTORNEY.  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 MAY BE ELIGIBLE FOR FORBEARANCE UNDER SECTION 9-X OF

 S. 6853                             4
 
 THE BANKING LAW IF YOU HAVE A MORTGAGE WITH A STATE CHARTERED BANK OR  A
 STATE  LICENSED MORTGAGE SERVICER. You should also keep careful track of
 what you have paid and any amount you still owe.
   FOR  MORE INFORMATION ABOUT THE LEGAL ASSISTANCE THAT MAY BE AVAILABLE
 TO YOU, PLEASE CALL THE HOMEOWNER PROTECTION PROGRAM (HOPP)  HOTLINE  AT
 (855) HOME-456 OR (855) 466-3456 OR VISIT HTTPS://HOMEOWNERHELPNY.ORG/.
            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]  FIFTY  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 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 OR ANY SUBSEQUENT FOREBEARANCE AGREEMENTS TO WHICH I  MAY
 BE ENTITLED may still be charged or collected [and may result in a mone-
 tary  judgment against me]. I also understand that my mortgage lender OR
 MORTGAGE SERVICER or other foreclosing party may  pursue  a  foreclosure
 action  OR  NON-JUDICIAL  FORECLOSURE  against me on or after 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."
   §  3. Any action to foreclose a mortgage pending on the effective date
 of this act, including actions filed on or  before  March  7,  2020,  or
 commenced  within thirty days of the effective date of this act shall be
 stayed for at least sixty days, or to such later  date  that  the  chief
 administrative  judge shall determine is necessary to ensure that courts

 S. 6853                             5
 
 are prepared to conduct proceedings in compliance with this act  and  to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this act, UNLESS THE DEFENDANT WAIVES SUCH A STAY. The court in
 each case shall promptly issue an order directing such stay and promptly
 mail  the  mortgagor a copy of the hardship declaration in English, and,
 to the extent practicable, the mortgagor's primary  language,  if  other
 than English.
   §  4.  The foreclosing party shall include a "Hardship Declaration" in
 14-point type, with every notice provided to  a  mortgagor  pursuant  to
 sections  1303 and 1304 of the real property actions and proceedings law
 OR SUBSECTION (F) OF SECTION 9-611 OF THE UNIFORM COMMERCIAL CODE.    If
 the  translation  of the hardship declaration in the mortgagor's primary
 language is not available on the office of court administration's public
 website, as provided by section nine of this act, it shall be the  fore-
 closing  party's  responsibility to obtain a suitable translation of the
 hardship declaration in the mortgagor's primary  language.  Such  notice
 shall  also include a mailing address, telephone number and active email
 address the mortgagor can use  to  contact  the  foreclosing  party  and
 return the hardship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of  an  action  to  foreclose  a mortgage against the mortgagor until at
 least August 31, 2021, and in such event [any specific time  limit]  THE
 STATUTE  OF LIMITATIONS for the commencement of an action to foreclose a
 mortgage OR A NON-JUDICIAL FORECLOSURE shall be tolled until August  31,
 2021.
   §  6. No court shall accept for filing any action to foreclose a mort-
 gage, NOR SHALL ANY MORTGAGE LENDER OR MORTGAGE  SERVICER  COMMENCE  ANY
 NON-JUDICIAL  FORECLOSURE  SALE  PURSUANT  TO  ARTICLE  9 OF THE UNIFORM
 COMMERCIAL CODE unless the foreclosing party or an agent  of  the  fore-
 closing party files an affidavit, under penalty of perjury:
   (i)  of  service  demonstrating  the  manner  in which the foreclosing
 party's agent served a copy of the hardship declaration in  English  and
 the  mortgagor's  primary  language,  if  other  than  English, with the
 notice, if any, provided to the mortgagor pursuant to sections 1303  and
 1304 of the real property actions and proceedings law, and
   (ii)  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration from the mortgagor.
   At  the  earliest possible opportunity, the court shall seek confirma-
 tion on the record or in writing that the mortgagor has received a  copy
 of  the hardship declaration and that the mortgagor has not returned the
 hardship declaration to the foreclosing party or an agent of  the  fore-
 closing  party.   If the court determines a mortgagor has not received a
 hardship declaration, then the court shall stay  the  proceeding  for  a
 reasonable period of time, which shall be no less than [ten] 30 business
 days  or  any  longer  period  provided  by law, to ensure the mortgagor
 received and fully considered whether to submit  the  hardship  declara-
 tion.
   §  8.  1. 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,

 S. 6853                             6
 
 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  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.
   2. IN ANY NON-JUDICIAL FORECLOSURE OF SHARES IN A RESIDENTIAL DWELLING
 WHERE A SALE HAS BEEN SCHEDULED PRIOR TO THE EFFECTIVE DATE OF THIS  ACT
 BUT HAS NOT YET OCCURRED AS OF THE EFFECTIVE DATE OF THIS ACT, INCLUDING
 NON-JUDICIAL FORECLOSURES FILED ON OR BEFORE MARCH 7, 2020, THE MORTGAGE
 LENDER OR MORTGAGE SERVICER OR OTHER FORECLOSING PARTY SHALL NOT PROCEED
 WITH  SUCH  SALE UNTIL AT LEAST THE MORTGAGE LENDER OR MORTGAGE SERVICER
 OR OTHER FORECLOSING PARTY HAS HELD A STATUS CONFERENCE WITH THE MORTGA-
 GOR.  IN ANY NON-JUDICIAL FORECLOSURE OF SHARES IN A RESIDENTIAL  DWELL-
 ING, IF THE MORTGAGOR PROVIDES A HARDSHIP DECLARATION TO THE FORECLOSING
 PARTY  PRIOR TO THE SALE, THE SALE SHALL BE STAYED UNTIL AT LEAST MAY 1,
 2021.
   § 3. Section 1, subdivision 3 of  section  2,  and  subdivision  2  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", subdivision 3 of section 2 as amended by  chapter  104  of
 the laws of 2021, are amended to read as follows:
   Section  1.  Application.  This act shall apply to any action to fore-
 close on delinquent taxes or [sell a] SALES OF tax [lien] LIENS relating
 to residential real property, provided the owner or  mortgagor  of  such
 property  is a natural person, regardless of how title is held, and owns
 [ten] FIFTY or fewer dwelling units whether directly or indirectly.  The
 [ten]  FIFTY or fewer dwelling units may be in more than one property or
 building as long as the total aggregate  number  of  [ten]  FIFTY  units
 includes  the  primary  residence  of the natural person requesting such
 relief, IF ANY, and the remaining units  are  currently  occupied  by  a
 tenant or are available for rent.
   (a)  For purposes of this act, real property shall include shares in a
 residential cooperative.
   (b) For purposes of this act, real property shall not include property
 that is vacant and abandoned, as defined in  subdivision  2  of  section
 1309  of the real property actions and proceedings law, which was listed
 on the statewide vacant and abandoned property electronic  registry,  as
 defined  in  section  1310  of the real property actions and proceedings
 law, prior to March 7, 2020 and that remains on such registry.
   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] FIFTY or fewer
 residential dwelling units.  I am experiencing financial hardship, and I
 am unable to pay my full tax bill because of one or more of the  follow-
 ing:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.
   3.  Childcare  responsibilities  or  responsibilities  to  care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have  negatively  affected  my  ability  or the ability of someone in my

 S. 6853                             7
 
 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 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."
   2.  At  least  thirty  days prior to the date on which a sale of a tax
 lien is scheduled to occur, or upon the filing of a petition of foreclo-
 sure of a tax lien, the enforcing officer  or  other  person  or  entity
 conducting  such tax lien sale or tax foreclosure shall notify the owner
 of the affected property of such owner's rights under this act and shall
 notify the owner that a copy of the hardship declaration can be accessed
 on the New York State Department of Tax and Finance's website  and  also
 provide  a [link to such] COPY OF THE declaration form. For the purposes
 of this act, "enforcing officer" shall have the same meaning as  defined
 in  subdivision  3 of section 1102 of the real property tax law. The New
 York State Department of Tax and Finance shall publish  a  copy  of  the
 hardship declaration on its website.
   §  4.  The  opening  paragraph  of  subdivision 1 and 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",  subdivision 2 of section 1 as amended by chapter 104 of
 the laws of 2021, are amended to read as follows:
   This act shall  apply  to  an  owner  of  residential  real  property,
 provided  the  owner  or mortgagor of such property is a natural person,
 regardless of how title is held, and owns [ten] FIFTY or fewer  dwelling
 units  whether directly or indirectly. The [ten] FIFTY or fewer dwelling
 units may be in more than one property or building as long as the  total
 aggregate  number  of  [ten]  FIFTY units includes the primary residence
 [of] OWNED BY the natural person requesting such relief, IF ANY, and the
 remaining units are currently occupied by a tenant or are available  for
 rent.
   2.  Hardship declaration. For purposes of this act, "hardship declara-
 tion" shall mean the following statement, or a substantially  equivalent
 statement  in  the  owner  or  mortgagor's primary language, in 14-point

 S. 6853                             8
 
 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 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] FIFTY or fewer residential dwelling units.   I am  experi-
 encing  financial  hardship,  and I am unable to pay my mortgage in full
 because of one or more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2. Increase in necessary out-of-pocket expenses related to  performing
 essential  work or related to health impacts during the COVID-19 pandem-
 ic.
   3. Childcare responsibilities  or  responsibilities  to  care  for  an
 elderly,  disabled,  or  sick family member during the COVID-19 pandemic
 have negatively affected my ability or the  ability  of  someone  in  my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4.  Moving expenses and difficulty I have securing alternative housing
 make it a hardship for me to relocate to another  residence  during  the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have   significantly   reduced  my  household  income  or  significantly
 increased my expenses.
   6. One or more of my tenants has defaulted on a significant amount  of
 their rent payments since March 1, 2020.
   To  the  extent  that  I  have  lost household income or had increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic  unemployment  assistance, disability insurance, or paid family
 leave, that I have received since the start  of  the  COVID-19  pandemic
 does  not  fully  make  up  for my loss of household income or increased
 expenses.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 5. Subparagraph (i) of paragraph (a) of subdivision 1 of  section  5
 of  section 1 of subpart A of part BB of chapter 56 of the laws of 2021,
 establishing the "COVID-19 Emergency Rental Assitance Program of  2021",
 is amended to read as follows:
   (i)  is  a  tenant  or occupant obligated to pay rent in their primary
 residence in the state of New York, including both tenants and occupants
 of dwelling units and manufactured home tenants[, provided however  that

 S. 6853                             9

 occupants  of federal or state funded subsidized public housing authori-
 ties or other federal or state funded subsidized housing that limits the
 household's share of the rent to a set percentage of income  shall  only
 be  eligible  to  the  extent that funds are remaining after serving all
 other eligible populations];
   § 6. Section 8 of section 1 of subpart A of part BB of chapter  56  of
 the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance
 Program of 2021", is amended to read as follows:
   §  8. Restrictions on eviction. 1. Eviction proceedings for a holdover
 or expired lease, or non-payment of rent  or  utilities  that  would  be
 eligible  for coverage under this program shall not be commenced against
 a household who has applied for this program unless or until a  determi-
 nation  of  ineligibility  is  made.  If  such  eviction proceedings are
 commenced against a household  who  subsequently  applies  for  benefits
 under  this  program, all proceedings shall be stayed pending a determi-
 nation of eligibility. Evidence of a payment received pursuant  to  this
 act  may  be  presented in such proceeding and create a presumption that
 the tenant's or occupant's rent or utility obligation for the time peri-
 od covered by the payment has been fully satisfied.
   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL  PREVENT  EVICTION
 PROCEEDINGS  FROM BEING COMMENCED OR SHALL CAUSE EVICTION PROCEEDINGS TO
 BE STAYED IF THE TENANT IS PERSISTENTLY  AND  UNREASONABLY  ENGAGING  IN
 BEHAVIOR  THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER
 TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY  HAZARD  TO  OTHERS,
 PROVIDED:  (A) IF AN EVICTION PROCEEDING IS PENDING ON THE DATE A HOUSE-
 HOLD APPLIES FOR THIS PROGRAM, BUT THE  PETITIONER  HAS  NOT  PREVIOUSLY
 ALLEGED  THAT  THE  TENANT PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH
 BEHAVIOR, THE PETITIONER SHALL BE REQUIRED TO SUBMIT A NEW PETITION WITH
 SUCH ALLEGATIONS AND COMPLY WITH ALL  NOTICE  AND  SERVICE  REQUIREMENTS
 UNDER  ARTICLE  7  OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND
 THIS SECTION; (B) IF THE COURT HAS AWARDED A JUDGMENT AGAINST A RESPOND-
 ENT PRIOR TO THE DATE A HOUSEHOLD APPLIES FOR THIS PROGRAM ON THE  BASIS
 OF OBJECTIONABLE OR NUISANCE BEHAVIOR, THE COURT SHALL HOLD A HEARING TO
 DETERMINE  WHETHER  THE  TENANT  IS CONTINUING TO PERSIST IN ENGAGING IN
 UNREASONABLE BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOY-
 MENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD
 TO OTHERS; (C) FOR THE PURPOSES OF THIS SECTION, A  MERE  ALLEGATION  OF
 THE  BEHAVIOR  BY  THE PETITIONER OR AN AGENT OF THE PETITIONER ALLEGING
 SUCH BEHAVIOR SHALL NOT BE SUFFICIENT EVIDENCE  TO  ESTABLISH  THAT  THE
 TENANT  HAS  ENGAGED  IN  SUCH  BEHAVIOR; (D) IF THE PETITIONER FAILS TO
 ESTABLISH THAT THE TENANT PERSISTENTLY AND UNREASONABLY ENGAGED IN  SUCH
 BEHAVIOR  AND  THE  TENANT HAS APPLIED FOR THIS PROGRAM, THE COURT SHALL
 STAY OR CONTINUE TO STAY ANY  FURTHER  PROCEEDINGS  UNLESS  OR  UNTIL  A
 DETERMINATION OF INELIGIBILITY IS MADE; AND (E) IF THE PETITIONER ESTAB-
 LISHES  THAT  THE  TENANT  PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH
 BEHAVIOR, IF THE TENANT HAS NOT APPLIED FOR THIS PROGRAM, OR IF A DETER-
 MINATION OF INELIGIBILITY FOR THIS PROGRAM HAS BEEN MADE, THE PROCEEDING
 MAY CONTINUE PURSUANT TO ARTICLE 7 OF  THE  REAL  PROPERTY  ACTIONS  AND
 PROCEEDINGS LAW AND THIS SECTION.
   §  7.  Subdivision 1 of section 9 of section 1 of subpart A of part BB
 of chapter 56 of the laws of 2021, establishing the "COVID-19  Emergency
 Rental Assistance Program of 2021", is amended to read as follows:
   1.  Payments  shall  be made for rental payments or rental and utility
 arrears accrued on or after March 13, 2020. No more than [12] 18  months
 of  rental  and/or  utility  assistance  for  arrears  [and  3 months of
 prospective rental assistance] may be paid on  behalf  of  any  eligible

 S. 6853                            10
 
 household.  TO  THE  EXTENT THE COMMISSIONER FINDS THAT ADEQUATE FEDERAL
 FUNDING IS AVAILABLE AFTER ACCOUNTING FOR ACTUAL PAYMENTS OF RENTAL  AND
 UTILITY  ASSISTANCE  FOR  ARREARS  TO  ELIGIBLE HOUSEHOLDS AND ESTIMATED
 AMOUNTS  OF  SUCH  ARREARS  PROJECTED  TO  BE PAID ON BEHALF OF ELIGIBLE
 HOUSEHOLDS WHO HAVE APPLIED FOR THE PROGRAM, UP TO 3 MONTHS OF  PROSPEC-
 TIVE  RENTAL  ASSISTANCE MAY BE PAID ON BEHALF OF AN ELIGIBLE HOUSEHOLD.
 Provided, however that only rent burdened households shall  be  eligible
 to  receive  prospective  rent  payments AND PROVIDED FURTHER THAT IN NO
 EVENT MAY THE TOTAL COMBINED AMOUNT OF RENTAL  ARREARS  AND  PROSPECTIVE
 RENT PAID ON BEHALF OF ANY HOUSEHOLD EXCEED 18 MONTHS.
   §  8.  Paragraph  (d)  of  subdivision  2 of section 9 of section 1 of
 subpart A of part BB of chapter 56 of the laws of 2021, establishing the
 "COVID-19 Emergency Rental Assistance Program of 2021", is amended and a
 new paragraph (e) is added to read as follows:
   (d) Acceptance of payment for rent or rental arrears from this program
 shall constitute agreement by the recipient landlord or property  owner:
 (i)  that the arrears covered by this payment are satisfied and will not
 be used as the basis for a non-payment eviction; (ii) to waive any  late
 fees  due  on any rental arrears paid pursuant to this program; (iii) to
 not increase the monthly rent due for the dwelling  unit  such  that  it
 shall  not be greater than the amount that was due at the time of appli-
 cation to the program for any and all months for which rental assistance
 is received and for one year after the first rental  assistance  payment
 is  received;  (iv) EXCEPT AS PROVIDED IN PARAGRAPH (E) OF THIS SUBDIVI-
 SION, not to evict for reason of expired lease or holdover  tenancy  any
 household  on behalf of whom rental assistance is received for 12 months
 after the first rental assistance payment is received, unless the dwell-
 ing unit that is the subject of the lease or rental agreement is located
 in a building that contains 4 or fewer units, in which case the landlord
 may decline to extend the lease or tenancy if the  landlord  intends  to
 immediately occupy the unit for the landlord's personal use as a primary
 residence  or  the  use of an immediate family member as a primary resi-
 dence; and (v) to notify the tenant of the protections established under
 this subdivision.
   (E) NOTHING  IN  PARAGRAPH  (D)  OF  THIS  SUBDIVISION  SHALL  PREVENT
 EVICTION  PROCEEDINGS  FROM  BEING  COMMENCED  OR  SHALL  CAUSE EVICTION
 PROCEEDINGS TO BE STAYED IF THE TENANT IS PERSISTENTLY AND  UNREASONABLY
 ENGAGING  IN BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOY-
 MENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD
 TO OTHERS, PROVIDED: (I) IF AN EVICTION PROCEEDING  IS  PENDING  ON  THE
 DATE  A  LANDLORD  OR  PROPERTY OWNER ACCEPTS PAYMENT FOR RENT OR RENTAL
 ARREARS FROM THIS PROGRAM, BUT THE PETITIONER HAS NOT PREVIOUSLY ALLEGED
 THAT THE TENANT PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH  BEHAVIOR,
 THE  PETITIONER  SHALL  BE  REQUIRED  TO SUBMIT A NEW PETITION WITH SUCH
 ALLEGATIONS AND COMPLY WITH ALL NOTICE AND  SERVICE  REQUIREMENTS  UNDER
 ARTICLE  7  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW AND THIS
 PARAGRAPH; (II) IF THE COURT HAS AWARDED A JUDGMENT AGAINST A RESPONDENT
 PRIOR TO THE DATE A LANDLORD OR PROPERTY OWNER ACCEPTS PAYMENT FOR  RENT
 OR  RENTAL  ARREARS  FROM  THIS PROGRAM ON THE BASIS OF OBJECTIONABLE OR
 NUISANCE BEHAVIOR, THE COURT SHALL HOLD A HEARING TO  DETERMINE  WHETHER
 THE TENANT IS CONTINUING TO PERSIST IN ENGAGING IN UNREASONABLE BEHAVIOR
 THAT  SUBSTANTIALLY  INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS
 OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS; (III)  FOR
 THE PURPOSES OF THIS PARAGRAPH, A MERE ALLEGATION OF THE BEHAVIOR BY THE
 PETITIONER  OR  AN  AGENT OF THE PETITIONER ALLEGING SUCH BEHAVIOR SHALL
 NOT BE SUFFICIENT EVIDENCE TO ESTABLISH THAT THE TENANT HAS  ENGAGED  IN

 S. 6853                            11

 SUCH BEHAVIOR; (IV) IF THE PETITIONER FAILS TO ESTABLISH THAT THE TENANT
 PERSISTENTLY  AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR AND THE LANDLORD
 OR PROPERTY OWNER ACCEPTS PAYMENT FOR RENT OR RENTAL ARREARS  FROM  THIS
 PROGRAM,   THE  COURT  SHALL  STAY  OR  CONTINUE  TO  STAY  ANY  FURTHER
 PROCEEDINGS UNTIL THE 12 MONTH PERIOD PROVIDED FOR IN PARAGRAPH  (D)  OF
 THIS SUBDIVISION HAS ELAPSED; AND (E) IF THE PETITIONER ESTABLISHES THAT
 THE  TENANT  PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR, THE
 PROCEEDING MAY CONTINUE PURSUANT TO  ARTICLE  7  OF  THE  REAL  PROPERTY
 ACTIONS AND PROCEEDINGS LAW AND THIS PARAGRAPH.
   § 9. The social services law is amended by adding a new section 131-bb
 to read as follows:
   § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
 STANCES  SHALL  A  LOCAL  SOCIAL  SERVICES DISTRICT REQUIRE PROOF THAT A
 COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A  CONDITION  OF
 ELIGIBILITY  FOR  A  RENT  ARREARS  GRANT  OR  ONGOING RENTAL ASSISTANCE
 INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
   § 10. Section 131-w of the social services law, as added by chapter 41
 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment  of  rent  arrears.  1.  Districts
 shall  not  provide  assistance  to  pay rent arrears, property taxes or
 mortgage arrears for persons  not  eligible  for  home  relief,  aid  to
 dependent children, emergency assistance to needy families with children
 or  emergency assistance for aged, blind and disabled persons, except to
 persons who are without income or  resources  immediately  available  to
 meet  the  emergency  need, whose gross household income does not exceed
 one hundred twenty-five percent of the federal income  official  poverty
 line and who sign a repayment agreement agreeing to repay the assistance
 in  a  period  not to exceed twelve months.  The districts shall enforce
 the repayment agreements by any legal method available to a creditor, in
 addition to any rights it has pursuant to this chapter.  The  department
 shall  promulgate  regulations  to  implement  this section which shall,
 among other things, establish standards for the  contents  of  repayment
 agreements and establish standards to ensure that assistance is provided
 only in emergency circumstances.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
 MARCH SEVENTH, TWO THOUSAND TWENTY AND FEBRUARY TWENTY-EIGHTH, TWO THOU-
 SAND TWENTY-TWO. ANY PAYMENT DUE AND OWING UNDER THIS SECTION  SHALL  BE
 SUSPENDED  UNTIL THE LATER OF THE END OF THE STATE OF EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER NUMBER  202  OF  2020  OR  FEBRUARY  TWENTY-
 EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  11.  Subdivision  1 of section 131-s of the social services law, as
 amended by chapter 318 of the laws  of  2009,  is  amended  to  read  as
 follows:
   1. (A) In the case of a person applying for public assistance, supple-
 mental security income benefits or additional state payments pursuant to
 this  chapter,  the  social  services  official  of  the social services
 district in which such person resides shall, unless alternative  payment
 or living arrangements can be made, make a payment to a gas corporation,
 electric  corporation  or  municipality  for  services  provided to such
 person during a period of up to, but not exceeding,  four  months  imme-
 diately  preceding the month of application for such assistance or bene-
 fits if such payment  is  needed  to  prevent  shut-off  or  to  restore
 service. Persons whose gross household income exceeds the public assist-
 ance  standard of need for the same size household must sign a repayment
 agreement to repay the assistance  within  two  years  of  the  date  of

 S. 6853                            12
 
 payment as a condition of receiving assistance, in accordance with regu-
 lations  established  by the department. Such repayment agreement may be
 enforced in any manner available to  a  creditor,  in  addition  to  any
 rights the district may have pursuant to this chapter.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR  ASSISTANCE  PROVIDED
 BETWEEN  MARCH  SEVENTH, TWO THOUSAND TWENTY AND THE LATER OF THE END OF
 THE STATE OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER  NUMBER  202
 OF 2020 OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  12. Section 106-b of the social services law, as amended by chapter
 81 of the laws of 1995, is amended to read as follows:
   § 106-b.  Adjustment  for  incorrect  payments.  1.  Any  inconsistent
 provision  of  law notwithstanding, a social services official shall, in
 accordance with the regulations of the department  and  consistent  with
 federal  law  and  regulations,  take all necessary steps to correct any
 overpayment or underpayment to a public assistance recipient;  provided,
 however,  that  a  social services official may waive recovery of a past
 overpayment, in the case of an individual who is not currently a recipi-
 ent of public assistance, where the cost of recovery is greater than the
 cost of collections as determined in accordance  with  department  regu-
 lations  consistent  with  federal law and regulations.  For purposes of
 this section, overpayment shall include payments  made  to  an  eligible
 person  in  excess  of  his  OR HER needs as defined in this chapter and
 payments made to ineligible persons (including  payments  made  to  such
 persons  pending  a  fair  hearings  decision).  The  commissioner shall
 promulgate regulations to implement procedures for  correcting  overpay-
 ments  and  underpayments.  The  procedures  for correcting overpayments
 shall be designed to minimize adverse impact on the  recipient,  and  to
 the  extent  possible  avoid undue hardship.   Notwithstanding any other
 provision of law to the contrary, no  underpayment  shall  be  corrected
 with respect to a person who is currently not eligible for or in receipt
 of  home  relief  or  aid  to dependent children, except that corrective
 payments may be made with respect to persons formerly eligible for or in
 receipt of aid to dependent children to the extent that federal law  and
 regulations require.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
 OVERPAYMENT ACCRUED, UNTIL THE LATER OF THE END OF THE STATE OF EMERGEN-
 CY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER 202 OF 2020  OR  FEBRUARY
 TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  13. The social services law is amended by adding a new section 131-
 cc to read as follows:
   § 131-CC.  FAMILY  HOMELESSNESS  AND  EVICTION  PREVENTION  SUPPLEMENT
 PROGRAM.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 FOR A LOCAL SOCIAL SERVICES DISTRICT WITH A POPULATION OF  FIVE  MILLION
 OR  MORE,  THE  COMMISSIONER  SHALL DESIGNATE SUCH LOCAL SOCIAL SERVICES
 DISTRICT TO MAKE VOUCHERS AVAILABLE TO ELIGIBLE FAMILIES UNDER THE FAMI-
 LY HOMELESSNESS AND EVICTION PREVENTION  SUPPLEMENT  ("FHEPS")  PROGRAM,
 AND  TO ADMINISTER THE PROGRAM IN ACCORDANCE WITH A PLAN APPROVED PURSU-
 ANT TO 18 N.Y.C.R.R.  § 352.3(A)(3), PROVIDED HOWEVER, THAT THE  MAXIMUM
 RENT  FOR  SUCH VOUCHERS SHALL BE SET AT THE UNITED STATES DEPARTMENT OF
 HOUSING AND URBAN DEVELOPMENT'S FAIR MARKET RENT LEVEL. THE STATE  SHALL
 REIMBURSE THE LOCAL SOCIAL SERVICES DISTRICT FOR PAYMENTS MADE UNDER THE
 FHEPS PROGRAM IN A MANNER CONSISTENT WITH TITLE TWO OF THIS ARTICLE.
   §  14. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of

 S. 6853                            13
 
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of this act, but shall  be  confined
 in  its  operation  to  the  clause,  sentence,  paragraph, subdivision,
 section  or  part  of  this  act directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the  intent of the legislature that this act would have been enacted
 even if such invalid clause, sentence, paragraph,  subdivision,  section
 or part had not been included herein.
   §  15. This act shall take effect immediately; 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
 expire therewith; provided further that the amendments to subpart  A  of
 part  BB  of  chapter  56 of the laws of 2021 made by this act shall not
 affect the expiration of such subpart and shall be deemed repealed ther-
 ewith; and provided, further that sections nine, ten, eleven, and twelve
 of this act shall expire and be deemed repealed at the later of the  end
 of  the  state  of emergency declared pursuant to executive order number
 202 of 2020 or February 28, 2022.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6853--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 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  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  chapter  381  of  the laws of 2020, establishing the
   "COVID-19 Emergency Eviction and Foreclosure Prevention Act of  2020";
   to  amend  chapter  56 of the laws of 2021, establishing the "COVID-19
   Emergency Rental Assistance Program of 2021"; and to amend the  social
   services  law, in relation to rental assistance; and to repeal certain
   provisions of the social services law upon expiration 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", as amended by chapter 104 of the  laws  of
 2021, is amended to read as follows:
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point type, published by the office of court administration,  whether
 in physical or electronic written form:
   "NOTICE  TO  TENANT:  If  you  have lost income or had increased costs
 during the COVID-19 pandemic, or moving would pose a significant  health
 risk  for you or a member of your household due to an increased risk for
 severe illness or death from  COVID-19  due  to  an  underlying  medical
 condition,  and  you  sign and deliver this hardship declaration form to
 your landlord, you cannot be evicted until at least August 31, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10590-13-1

 S. 6853--B                          2
 
 the use and enjoyment of other tenants or occupants or causes a substan-
 tial safety hazard to others.
   If  your  landlord has provided you with this form, your landlord must
 also provide you with a mailing address and e-mail address to which  you
 can  return  this form. If your landlord has already started an eviction
 proceeding against you, you can return this form to  either  your  land-
 lord,  the court, or both at any time. You should keep a copy or picture
 of the signed form for your records. You will still owe any unpaid  rent
 to  your  landlord.  You should also keep careful track of what you have
 paid and any amount you still owe.
   For more information about legal resources that may  be  available  to
 you,  go  to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
 live in New York City or go  to  www.nycourts.gov/evictions/outside-nyc/
 or  call  a local bar association or legal services provider if you live
 outside of New York City. [Rent  relief]  FINANCIAL  ASSISTANCE  may  be
 available  to  you, [and you] EVEN IF YOU HAVE NOT QUALIFIED FOR ASSIST-
 ANCE IN  THE  PAST,  UNDER  THE  COVID-19  EMERGENCY  RENTAL  ASSISTANCE
 PROGRAM.  YOU  should  contact  your  local housing assistance office OR
 VISIT HTTPS://OTDA.NY.GOV ON THE INTERNET  FOR  INFORMATION  ON  HOW  TO
 APPLY.
 
       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.

 S. 6853--B                          3
 
 B. ( ) Vacating the premises and moving into new permanent housing would
 pose  a  significant  health risk because I or one or more members of my
 household have an increased  risk  for  severe  illness  or  death  from
 COVID-19 due to being over the age of sixty-five, having a disability or
 having  an  underlying  medical  condition, which may include but is not
 limited to being immunocompromised.

 I understand that I must comply with all other  lawful  terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in a monetary judgment against me.  I further understand that my
 landlord may be able to seek eviction after 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."
   § 2. The opening paragraph of section 1 and sections 2, 3, 4, 5, 6 and
 8 of subpart A of part B of chapter 381 of the laws of 2020,  establish-
 ing  the  "COVID-19 Emergency Eviction and Foreclosure Prevention Act of
 2020", sections 2, 5, and 8 as amended by chapter 104  of  the  laws  of
 2021, are amended to read as follows:
   This  section shall apply to any action to foreclose a mortgage relat-
 ing to residential real property OR A NON-JUDICIAL FORECLOSURE OF SHARES
 IN A RESIDENTIAL DWELLING, provided the owner or mortgagor of such prop-
 erty is a natural person, regardless of how title is held, and owns  ten
 or  fewer dwelling units whether directly or indirectly. The [ten] FIFTY
 or fewer dwelling units may be in more than one property or building  as
 long  as  the  total  aggregate number of [ten] FIFTY units includes the
 primary residence [of] OWNED  BY  the  natural  person  requesting  such
 relief,  IF  ANY,  and  the  remaining units are currently occupied by a
 tenant or are available for rent.
   § 2. Definitions. For the purposes of this act, "Hardship Declaration"
 means the following statement, or a substantially  equivalent  statement
 in  the mortgagor's primary language, in 14-point type, published by the
 office of court administration, whether in physical or electronic  writ-
 ten form:
   "NOTICE  TO  MORTGAGOR: If you have lost income or had increased costs
 during the COVID-19 pandemic, and you sign  and  deliver  this  hardship
 declaration  form  to your mortgage lender OR THE SERVICER OF YOUR MORT-
 GAGE or other foreclosing party, you cannot be foreclosed  on  until  at
 least August 31, 2021.
   If  your  mortgage  lender  OR  MORTGAGE SERVICER or other foreclosing
 party provided you with this  form,  the  mortgage  lender  OR  MORTGAGE
 SERVICER 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 WITH A COPY SENT SIMULTANEOUSLY  TO  THE  FORECLOSING  PLAINTIFF'S
 ATTORNEY.  You should keep a copy or picture of the signed form for your

 S. 6853--B                          4
 
 records. You will still owe any unpaid mortgage payments and lawful fees
 to your lender. YOU MAY BE ELIGIBLE FOR FORBEARANCE UNDER SECTION 9-X OF
 THE  BANKING LAW IF YOU HAVE A MORTGAGE WITH A STATE CHARTERED BANK OR A
 STATE  LICENSED MORTGAGE SERVICER. You should also keep careful track of
 what you have paid and any amount you still owe.
   FOR MORE INFORMATION ABOUT THE LEGAL ASSISTANCE THAT MAY BE  AVAILABLE
 TO  YOU,  PLEASE CALL THE HOMEOWNER PROTECTION PROGRAM (HOPP) HOTLINE AT
 (855) HOME-456 OR (855) 466-3456 OR VISIT HTTPS://HOMEOWNERHELPNY.ORG/.
            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] FIFTY 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 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 OR ANY SUBSEQUENT FOREBEARANCE AGREEMENTS TO WHICH I MAY
 BE ENTITLED may still be charged or collected [and may result in a mone-
 tary judgment against me]. I also understand that my mortgage lender  OR
 MORTGAGE  SERVICER  or  other foreclosing party may pursue a foreclosure
 action OR NON-JUDICIAL FORECLOSURE against me on  or  after  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."
   § 3. Any action to foreclose a mortgage pending on the effective  date
 of  this  act,  including  actions  filed on or before March 7, 2020, or
 commenced within thirty days of the effective date of this act shall  be

 S. 6853--B                          5
 
 stayed  for  at  least  sixty days, or to such later date that the chief
 administrative judge shall determine is necessary to ensure that  courts
 are  prepared  to conduct proceedings in compliance with this act and to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this act, UNLESS THE DEFENDANT WAIVES SUCH A STAY. The court in
 each case shall promptly issue an order directing such stay and promptly
 mail the mortgagor a copy of the hardship declaration in  English,  and,
 to  the  extent  practicable, the mortgagor's primary language, if other
 than English.
   § 4. The foreclosing party shall include a "Hardship  Declaration"  in
 14-point  type,  with  every  notice provided to a mortgagor pursuant to
 sections 1303 and 1304 of the real property actions and proceedings  law
 OR  SUBSECTION  (F) OF SECTION 9-611 OF THE UNIFORM COMMERCIAL CODE.  If
 the translation of the hardship declaration in the  mortgagor's  primary
 language is not available on the office of court administration's public
 website,  as provided by section nine of this act, it shall be the fore-
 closing party's responsibility to obtain a suitable translation  of  the
 hardship  declaration  in  the mortgagor's primary language. Such notice
 shall also include a mailing address, telephone number and active  email
 address  the  mortgagor  can  use  to  contact the foreclosing party and
 return the hardship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of an action to foreclose a mortgage  against  the  mortgagor  until  at
 least  August  31, 2021, and in such event [any specific time limit] THE
 STATUTE OF LIMITATIONS for the commencement of an action to foreclose  a
 mortgage  OR A NON-JUDICIAL FORECLOSURE shall be tolled until August 31,
 2021.
   § 6. No court shall accept for filing any action to foreclose a  mort-
 gage,  NOR  SHALL  ANY MORTGAGE LENDER OR MORTGAGE SERVICER COMMENCE ANY
 NON-JUDICIAL FORECLOSURE SALE PURSUANT  TO  ARTICLE  9  OF  THE  UNIFORM
 COMMERCIAL  CODE  unless  the foreclosing party or an agent of the fore-
 closing party files an affidavit, under penalty of perjury:
   (i) of service demonstrating  the  manner  in  which  the  foreclosing
 party's  agent  served a copy of the hardship declaration in English and
 the mortgagor's primary  language,  if  other  than  English,  with  the
 notice,  if any, provided to the mortgagor pursuant to sections 1303 and
 1304 of the real property actions and proceedings law, and
   (ii) attesting that at the time of  filing,  neither  the  foreclosing
 party  nor  any  agent  of the foreclosing party has received a hardship
 declaration from the mortgagor.
   At the earliest possible opportunity, the court shall  seek  confirma-
 tion  on the record or in writing that the mortgagor has received a copy
 of the hardship declaration and that the mortgagor has not returned  the
 hardship  declaration  to the foreclosing party or an agent of the fore-
 closing party.  If the court determines a mortgagor has not  received  a
 hardship  declaration,  then  the  court shall stay the proceeding for a
 reasonable period of time, which shall be no less than [ten] 30 business
 days or any longer period provided  by  law,  to  ensure  the  mortgagor
 received  and  fully  considered whether to submit the hardship declara-
 tion.
   § 8. 1. 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

 S. 6853--B                          6
 
 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 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.
   2. IN ANY NON-JUDICIAL FORECLOSURE OF SHARES IN A RESIDENTIAL DWELLING
 WHERE A SALE HAS BEEN SCHEDULED PRIOR TO THE EFFECTIVE DATE OF THIS  ACT
 BUT HAS NOT YET OCCURRED AS OF THE EFFECTIVE DATE OF THIS ACT, INCLUDING
 NON-JUDICIAL FORECLOSURES FILED ON OR BEFORE MARCH 7, 2020, THE MORTGAGE
 LENDER OR MORTGAGE SERVICER OR OTHER FORECLOSING PARTY SHALL NOT PROCEED
 WITH  SUCH  SALE UNTIL AT LEAST THE MORTGAGE LENDER OR MORTGAGE SERVICER
 OR OTHER FORECLOSING PARTY HAS HELD A STATUS CONFERENCE WITH THE MORTGA-
 GOR.  IN ANY NON-JUDICIAL FORECLOSURE OF SHARES IN A RESIDENTIAL  DWELL-
 ING, IF THE MORTGAGOR PROVIDES A HARDSHIP DECLARATION TO THE FORECLOSING
 PARTY  PRIOR TO THE SALE, THE SALE SHALL BE STAYED UNTIL AT LEAST MAY 1,
 2021.
   § 3. Section 1, subdivision 3 of  section  2,  and  subdivision  2  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", subdivision 3 of section 2 as amended by  chapter  104  of
 the laws of 2021, are amended to read as follows:
   Section  1.  Application.  This act shall apply to any action to fore-
 close on delinquent taxes or [sell a] SALES OF tax [lien] LIENS relating
 to residential real property, provided the owner or  mortgagor  of  such
 property  is a natural person, regardless of how title is held, and owns
 [ten] FIFTY or fewer dwelling units whether directly or indirectly.  The
 [ten]  FIFTY or fewer dwelling units may be in more than one property or
 building as long as the total aggregate  number  of  [ten]  FIFTY  units
 includes  the  primary  residence  of the natural person requesting such
 relief, IF ANY, and the remaining units  are  currently  occupied  by  a
 tenant or are available for rent.
   (a)  For purposes of this act, real property shall include shares in a
 residential cooperative.
   (b) For purposes of this act, real property shall not include property
 that is vacant and abandoned, as defined in  subdivision  2  of  section
 1309  of the real property actions and proceedings law, which was listed
 on the statewide vacant and abandoned property electronic  registry,  as
 defined  in  section  1310  of the real property actions and proceedings
 law, prior to March 7, 2020 and that remains on such registry.
   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] FIFTY or fewer
 residential dwelling units.  I am experiencing financial hardship, and I
 am unable to pay my full tax bill because of one or more of the  follow-
 ing:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.

 S. 6853--B                          7
 
   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 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."
   2.  At  least  thirty  days prior to the date on which a sale of a tax
 lien is scheduled to occur, or upon the filing of a petition of foreclo-
 sure of a tax lien, the enforcing officer  or  other  person  or  entity
 conducting  such tax lien sale or tax foreclosure shall notify the owner
 of the affected property of such owner's rights under this act and shall
 notify the owner that a copy of the hardship declaration can be accessed
 on the New York State Department of Tax and Finance's website  and  also
 provide  a [link to such] COPY OF THE declaration form. For the purposes
 of this act, "enforcing officer" shall have the same meaning as  defined
 in  subdivision  3 of section 1102 of the real property tax law. The New
 York State Department of Tax and Finance shall publish  a  copy  of  the
 hardship declaration on its website.
   §  4.  The  opening  paragraph  of  subdivision 1 and 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",  subdivision 2 of section 1 as amended by chapter 104 of
 the laws of 2021, are amended to read as follows:
   This act shall  apply  to  an  owner  of  residential  real  property,
 provided  the  owner  or mortgagor of such property is a natural person,
 regardless of how title is held, and owns [ten] FIFTY or fewer  dwelling
 units  whether directly or indirectly. The [ten] FIFTY or fewer dwelling
 units may be in more than one property or building as long as the  total
 aggregate  number  of  [ten]  FIFTY units includes the primary residence
 [of] OWNED BY the natural person requesting such relief, IF ANY, and the
 remaining units are currently occupied by a tenant or are available  for
 rent.

 S. 6853--B                          8
 
   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 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]  FIFTY or fewer residential dwelling units.  I am experi-
 encing financial hardship, and I am unable to pay my  mortgage  in  full
 because of one or more of the following:
   1. Significant loss of household income during the COVID-19 pandemic.
   2.  Increase in necessary out-of-pocket expenses related to performing
 essential work or related to health impacts during the COVID-19  pandem-
 ic.
   3.  Childcare  responsibilities  or  responsibilities  to  care for an
 elderly, disabled, or sick family member during  the  COVID-19  pandemic
 have  negatively  affected  my  ability  or the ability of someone in my
 household to obtain meaningful employment or earn income or increased my
 necessary out-of-pocket expenses.
   4. Moving expenses and difficulty I have securing alternative  housing
 make  it  a  hardship for me to relocate to another residence during the
 COVID-19 pandemic.
   5. Other circumstances related to the COVID-19 pandemic have negative-
 ly affected my ability to obtain meaningful employment or earn income or
 have  significantly  reduced  my  household  income   or   significantly
 increased my expenses.
   6.  One or more of my tenants has defaulted on a significant amount of
 their rent payments since March 1, 2020.
   To the extent that I have  lost  household  income  or  had  increased
 expenses,  any  public  assistance,  including  unemployment  insurance,
 pandemic unemployment assistance, disability insurance, or  paid  family
 leave,  that  I  have  received since the start of the COVID-19 pandemic
 does not fully make up for my loss  of  household  income  or  increased
 expenses.
 Signed:
 Printed Name:
 Date Signed:
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  5.  Section 2 of section 1 of subpart A of part BB of chapter 56 of
 the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance
 Program of 2021", is amended by adding a new subdivision 13 to  read  as
 follows:

 S. 6853--B                          9

   13.  "MUNICIPAL  EMERGENCY  RENTAL  ASSISTANCE  PROGRAM"  SHALL MEAN A
 PROGRAM PROVIDING RENTAL ASSISTANCE, UTILITY ASSISTANCE, OR  BOTH  USING
 FEDERAL  EMERGENCY  RENTAL  ASSISTANCE  PROGRAM FUNDS, ADMINISTERED BY A
 MUNICIPAL CORPORATION THAT HAS NOT CHOSEN TO PARTICIPATE IN  THE  STATE-
 WIDE PROGRAM PURSUANT TO SUBDIVISION THREE OF SECTION THREE OF THIS ACT.
   §  6.  Subdivision 3 of section 3 of section 1 of subpart A of part BB
 of chapter 56 of the laws of 2021, establishing the "COVID-19  Emergency
 Rental Assistance Program of 2021", is amended to read as follows:
   3.  The commissioner shall develop and promulgate a form outlining the
 obligations of each municipal corporation that chooses to participate in
 the statewide  program.  Those  municipal  corporations  who  choose  to
 participate  shall  remit such form to the office of temporary and disa-
 bility assistance within 10 business days from the date of issuance.  At
 such time that the municipal  corporation  has  affirmed  their  partic-
 ipation,  upon  receipt of the completed form by the office of temporary
 and disability assistance and the director of the budget, and the feder-
 al department of the treasury, the  municipal  corporation  shall  remit
 their  allocation  of funds to the state in such manner as determined by
 the division of the budget. Provided, after the office has  acknowledged
 receipt  of  the completed form, residents of such municipality shall be
 entitled to benefit from funds made available for this purpose,  subject
 to  the continued availability of funds.  PROVIDED FURTHER, IF A MUNICI-
 PALITY THAT CHOOSES NOT TO PARTICIPATE HAS EXHAUSTED THEIR ALLOCATION OF
 FUNDS, RESIDENTS OF SUCH MUNICIPALITY SHALL BE ENTITLED TO BENEFIT  FROM
 FUNDS MADE AVAILABLE FOR THIS PURPOSE UNDER THE STATEWIDE PROGRAM IN THE
 SAME  MANNER  AS  RESIDENTS OF MUNICIPALITIES WHO CHOOSE TO PARTICIPATE,
 SUBJECT TO THE CONTINUED AVAILABILITY OF FUNDS.
   § 7. Subparagraph (i) of paragraph (a) of subdivision 1 of  section  5
 of  section 1 of subpart A of part BB of chapter 56 of the laws of 2021,
 establishing the "COVID-19 Emergency Rental Assistance Program of 2021",
 is amended to read as follows:
   (i) is a tenant or occupant obligated to pay  rent  in  their  primary
 residence in the state of New York, including both tenants and occupants
 of  dwelling units and manufactured home tenants[, provided however that
 occupants of federal or state funded subsidized public housing  authori-
 ties or other federal or state funded subsidized housing that limits the
 household's  share  of the rent to a set percentage of income shall only
 be eligible to the extent that funds are  remaining  after  serving  all
 other eligible populations];
   §  8.  Section 8 of section 1 of subpart A of part BB of chapter 56 of
 the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance
 Program of 2021", is amended to read as follows:
   § 8. Restrictions on eviction. 1. Eviction proceedings for a  holdover
 or  expired  lease,  or  non-payment  of rent or utilities that would be
 eligible for coverage under this program OR A MUNICIPAL EMERGENCY RENTAL
 ASSISTANCE PROGRAM shall not be commenced against a  household  who  has
 applied  for  this  program  OR  A MUNICIPAL EMERGENCY RENTAL ASSISTANCE
 PROGRAM unless or until a determination of  ineligibility  is  made.  If
 such  eviction  proceedings are commenced against a household who subse-
 quently applies for benefits under this program OR A MUNICIPAL EMERGENCY
 RENTAL ASSISTANCE PROGRAM, all proceedings shall  be  stayed  pending  a
 determination of eligibility. Evidence of a payment received pursuant to
 this  act  OR  A  MUNICIPAL  EMERGENCY  RENTAL ASSISTANCE PROGRAM may be
 presented in such proceeding and create a presumption that the  tenant's
 or  occupant's rent or utility obligation for the time period covered by
 the payment has been fully satisfied.

 S. 6853--B                         10

   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL  PREVENT  EVICTION
 PROCEEDINGS  FROM BEING COMMENCED OR SHALL CAUSE EVICTION PROCEEDINGS TO
 BE STAYED IF THE TENANT IS PERSISTENTLY  AND  UNREASONABLY  ENGAGING  IN
 BEHAVIOR  THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER
 TENANTS  OR  OCCUPANTS  OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS,
 PROVIDED: (A) IF AN EVICTION PROCEEDING IS PENDING ON THE DATE A  HOUSE-
 HOLD APPLIES FOR THIS PROGRAM OR A MUNICIPAL EMERGENCY RENTAL ASSISTANCE
 PROGRAM,  BUT  THE PETITIONER HAS NOT PREVIOUSLY ALLEGED THAT THE TENANT
 PERSISTENTLY AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR,  THE  PETITIONER
 SHALL  BE  REQUIRED  TO  SUBMIT A NEW PETITION WITH SUCH ALLEGATIONS AND
 COMPLY WITH ALL NOTICE AND SERVICE REQUIREMENTS UNDER ARTICLE 7  OF  THE
 REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW AND THIS SECTION; (B) IF THE
 COURT HAS AWARDED A JUDGMENT AGAINST A RESPONDENT PRIOR TO  THE  DATE  A
 HOUSEHOLD  APPLIES  FOR  THIS  PROGRAM  OR  A MUNICIPAL EMERGENCY RENTAL
 ASSISTANCE PROGRAM ON THE BASIS OF OBJECTIONABLE OR  NUISANCE  BEHAVIOR,
 THE  COURT  SHALL  HOLD  A  HEARING  TO  DETERMINE WHETHER THE TENANT IS
 CONTINUING TO PERSIST IN ENGAGING IN UNREASONABLE BEHAVIOR THAT SUBSTAN-
 TIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS OR  OCCUPANTS
 OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS; (C) FOR THE PURPOSES OF
 THIS  SECTION, A MERE ALLEGATION OF THE BEHAVIOR BY THE PETITIONER OR AN
 AGENT OF THE PETITIONER ALLEGING SUCH BEHAVIOR SHALL NOT  BE  SUFFICIENT
 EVIDENCE  TO ESTABLISH THAT THE TENANT HAS ENGAGED IN SUCH BEHAVIOR; (D)
 IF THE PETITIONER FAILS TO ESTABLISH THAT THE  TENANT  PERSISTENTLY  AND
 UNREASONABLY  ENGAGED  IN  SUCH  BEHAVIOR AND THE TENANT HAS APPLIED FOR
 THIS PROGRAM OR A MUNICIPAL EMERGENCY  RENTAL  ASSISTANCE  PROGRAM,  THE
 COURT  SHALL  STAY OR CONTINUE TO STAY ANY FURTHER PROCEEDINGS UNLESS OR
 UNTIL A DETERMINATION OF INELIGIBILITY IS MADE; AND (E) IF THE PETITION-
 ER ESTABLISHES THAT THE TENANT PERSISTENTLY AND UNREASONABLY ENGAGED  IN
 SUCH  BEHAVIOR,  IF  THE  TENANT  HAS  NOT APPLIED FOR THIS PROGRAM OR A
 MUNICIPAL EMERGENCY RENTAL ASSISTANCE PROGRAM, OR IF A DETERMINATION  OF
 INELIGIBILITY  FOR  THIS PROGRAM OR A MUNICIPAL EMERGENCY RENTAL ASSIST-
 ANCE PROGRAM HAS BEEN MADE, THE  PROCEEDING  MAY  CONTINUE  PURSUANT  TO
 ARTICLE  7  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW AND THIS
 SECTION.
   § 9. Subdivision 1 of section 9 of section 1 of subpart A of  part  BB
 of  chapter 56 of the laws of 2021, establishing the "COVID-19 Emergency
 Rental Assistance Program of 2021", is amended to read as follows:
   1. Payments shall be made for rental payments or  rental  and  utility
 arrears  accrued on or after March 13, 2020. No more than [12] 18 months
 of rental and/or  utility  assistance  for  arrears  [and  3  months  of
 prospective  rental  assistance]  may  be paid on behalf of any eligible
 household. TO THE EXTENT THE COMMISSIONER FINDS  THAT  ADEQUATE  FEDERAL
 FUNDING  IS AVAILABLE AFTER ACCOUNTING FOR ACTUAL PAYMENTS OF RENTAL AND
 UTILITY ASSISTANCE FOR ARREARS  TO  ELIGIBLE  HOUSEHOLDS  AND  ESTIMATED
 AMOUNTS  OF  SUCH  ARREARS  PROJECTED  TO  BE PAID ON BEHALF OF ELIGIBLE
 HOUSEHOLDS WHO HAVE APPLIED FOR THE PROGRAM, UP TO 3 MONTHS OF  PROSPEC-
 TIVE  RENTAL  ASSISTANCE MAY BE PAID ON BEHALF OF AN ELIGIBLE HOUSEHOLD.
 Provided, however that only rent burdened households shall  be  eligible
 to  receive  prospective  rent  payments AND PROVIDED FURTHER THAT IN NO
 EVENT MAY THE TOTAL COMBINED AMOUNT OF RENTAL  ARREARS  AND  PROSPECTIVE
 RENT PAID ON BEHALF OF ANY HOUSEHOLD EXCEED 18 MONTHS.
   §  10.  Paragraph  (d)  of  subdivision 2 of section 9 of section 1 of
 subpart A of part BB of chapter 56 of the laws of 2021, establishing the
 "COVID-19 Emergency Rental Assistance Program of 2021", is amended and a
 new paragraph (e) is added to read as follows:

 S. 6853--B                         11
 
   (d) Acceptance of payment for rent or rental arrears from this program
 OR A MUNICIPAL EMERGENCY  RENTAL  ASSISTANCE  PROGRAM  shall  constitute
 agreement  by  the  recipient  landlord  or property owner: (i) that the
 arrears covered by this payment are satisfied and will not  be  used  as
 the basis for a non-payment eviction; (ii) to waive any late fees due on
 any rental arrears paid pursuant to this program OR A MUNICIPAL EMERGEN-
 CY RENTAL ASSISTANCE PROGRAM; (iii) to not increase the monthly rent due
 for  the dwelling unit such that it shall not be greater than the amount
 that was due at the time of application  to  [the]  THIS  program  OR  A
 MUNICIPAL EMERGENCY RENTAL ASSISTANCE PROGRAM for any and all months for
 which  rental  assistance  is  received and for one year after the first
 rental assistance payment is received UNLESS OTHERWISE  REQUIRED  BY  42
 USC  §1437A(A)(1);  (iv)  EXCEPT  AS  PROVIDED  IN PARAGRAPH (E) OF THIS
 SUBDIVISION, not to evict for reason of expired lease or holdover tenan-
 cy any household on behalf of whom rental assistance is received for  12
 months after the first rental assistance payment is received, unless the
 dwelling  unit  that  is the subject of the lease or rental agreement is
 located in a building that contains 4 or fewer units, in which case  the
 landlord  may  decline  to  extend  the lease or tenancy if the landlord
 intends to immediately occupy the unit for the landlord's  personal  use
 as  a  primary  residence  or the use of an immediate family member as a
 primary residence; and (v) to  notify  the  tenant  of  the  protections
 established under this subdivision.
   (E)  NOTHING  IN  PARAGRAPH  (D)  OF  THIS  SUBDIVISION  SHALL PREVENT
 EVICTION PROCEEDINGS  FROM  BEING  COMMENCED  OR  SHALL  CAUSE  EVICTION
 PROCEEDINGS  TO BE STAYED IF THE TENANT IS PERSISTENTLY AND UNREASONABLY
 ENGAGING IN BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND  ENJOY-
 MENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD
 TO  OTHERS,  PROVIDED:  (I)  IF AN EVICTION PROCEEDING IS PENDING ON THE
 DATE A LANDLORD OR PROPERTY OWNER ACCEPTS PAYMENT  FOR  RENT  OR  RENTAL
 ARREARS  FROM  THIS  PROGRAM  OR A MUNICIPAL EMERGENCY RENTAL ASSISTANCE
 PROGRAM, BUT THE PETITIONER HAS NOT PREVIOUSLY ALLEGED THAT  THE  TENANT
 PERSISTENTLY  AND  UNREASONABLY ENGAGED IN SUCH BEHAVIOR, THE PETITIONER
 SHALL BE REQUIRED TO SUBMIT A NEW PETITION  WITH  SUCH  ALLEGATIONS  AND
 COMPLY  WITH  ALL NOTICE AND SERVICE REQUIREMENTS UNDER ARTICLE 7 OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND THIS  PARAGRAPH;  (II)  IF
 THE  COURT HAS AWARDED A JUDGMENT AGAINST A RESPONDENT PRIOR TO THE DATE
 A LANDLORD OR PROPERTY OWNER ACCEPTS PAYMENT FOR RENT OR RENTAL  ARREARS
 FROM  THIS PROGRAM OR A MUNICIPAL EMERGENCY RENTAL ASSISTANCE PROGRAM ON
 THE BASIS OF OBJECTIONABLE OR NUISANCE BEHAVIOR, THE COURT SHALL HOLD  A
 HEARING  TO  DETERMINE  WHETHER  THE  TENANT IS CONTINUING TO PERSIST IN
 ENGAGING IN UNREASONABLE BEHAVIOR THAT SUBSTANTIALLY  INFRINGES  ON  THE
 USE  AND ENJOYMENT OF OTHER TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL
 SAFETY HAZARD TO OTHERS; (III) FOR THE PURPOSES  OF  THIS  PARAGRAPH,  A
 MERE  ALLEGATION  OF  THE  BEHAVIOR BY THE PETITIONER OR AN AGENT OF THE
 PETITIONER ALLEGING SUCH BEHAVIOR SHALL NOT BE  SUFFICIENT  EVIDENCE  TO
 ESTABLISH  THAT  THE  TENANT  HAS  ENGAGED IN SUCH BEHAVIOR; (IV) IF THE
 PETITIONER FAILS TO ESTABLISH THAT THE TENANT PERSISTENTLY AND UNREASON-
 ABLY ENGAGED IN SUCH BEHAVIOR AND THE LANDLORD OR PROPERTY OWNER ACCEPTS
 PAYMENT FOR RENT OR RENTAL ARREARS FROM  THIS  PROGRAM  OR  A  MUNICIPAL
 EMERGENCY RENTAL ASSISTANCE PROGRAM, THE COURT SHALL STAY OR CONTINUE TO
 STAY  ANY  FURTHER PROCEEDINGS UNTIL THE 12 MONTH PERIOD PROVIDED FOR IN
 PARAGRAPH (D) OF THIS SUBDIVISION HAS ELAPSED; AND (V) IF THE PETITIONER
 ESTABLISHES THAT THE TENANT PERSISTENTLY  AND  UNREASONABLY  ENGAGED  IN
 SUCH  BEHAVIOR, THE PROCEEDING MAY CONTINUE PURSUANT TO ARTICLE 7 OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW AND THIS PARAGRAPH.

 S. 6853--B                         12
 
   § 11. Sections 10 and 11 of section 1 of subpart A of part BB of chap-
 ter 56 of the laws of 2021, establishing the "COVID-19 Emergency  Rental
 Assistance Program of 2021", are amended to read as follows:
   §  10.  No  repayment  and  assistance not considered income. Eligible
 households shall not be expected or required  to  repay  any  assistance
 granted  through  this program, except in instances of fraud perpetrated
 by such household. Landlords shall not be expected or required to  repay
 any  funds  paid  through  this program except in instances of duplicate
 payments or  fraud  perpetrated  by  the  landlord.  Assistance  granted
 through  this program OR A MUNICIPAL EMERGENCY RENTAL ASSISTANCE PROGRAM
 shall not be considered income for purposes of  eligibility  for  public
 benefits  or  other  public assistance to the extent allowed by law, but
 shall be considered a "source of income" for purposes of the protections
 against housing discrimination provided under section 296 of  the  human
 rights law. There shall be no requirement for applicants to seek assist-
 ance from other sources, including charitable contributions, in order to
 be eligible for assistance under this program.
   §  11.  Notice  to  tenants  in  eviction proceedings. In any eviction
 proceeding pending as of the effective date  of  this  article  and  any
 eviction  proceeding  filed  while  applications  are being accepted for
 assistance pursuant to this article  OR  A  MUNICIPAL  EMERGENCY  RENTAL
 ASSISTANCE  PROGRAM,  the  court  shall  promptly  make available to the
 respondent information regarding how the respondent may apply  for  such
 assistance  in  English, and, to the extent practicable, in the respond-
 ent's primary language, if other than English.
   § 12. The social services law is amended by adding a new section  131-
 bb to read as follows:
   § 131-BB. PROOF OF ELIGIBILITY FOR RENTAL ASSISTANCE. UNDER NO CIRCUM-
 STANCES  SHALL  A  LOCAL  SOCIAL  SERVICES DISTRICT REQUIRE PROOF THAT A
 COURT PROCEEDING HAS BEEN INITIATED AGAINST A TENANT AS A  CONDITION  OF
 ELIGIBILITY  FOR  A  RENT  ARREARS  GRANT  OR  ONGOING RENTAL ASSISTANCE
 INCLUDING RENTAL ASSISTANCE PROVIDED PURSUANT TO THIS ARTICLE.
   § 13. Section 131-w of the social services law, as added by chapter 41
 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment  of  rent  arrears.  1.  Districts
 shall  not  provide  assistance  to  pay rent arrears, property taxes or
 mortgage arrears for persons  not  eligible  for  home  relief,  aid  to
 dependent children, emergency assistance to needy families with children
 or  emergency assistance for aged, blind and disabled persons, except to
 persons who are without income or  resources  immediately  available  to
 meet  the  emergency  need, whose gross household income does not exceed
 one hundred twenty-five percent of the federal income  official  poverty
 line and who sign a repayment agreement agreeing to repay the assistance
 in  a  period  not to exceed twelve months.  The districts shall enforce
 the repayment agreements by any legal method available to a creditor, in
 addition to any rights it has pursuant to this chapter.  The  department
 shall  promulgate  regulations  to  implement  this section which shall,
 among other things, establish standards for the  contents  of  repayment
 agreements and establish standards to ensure that assistance is provided
 only in emergency circumstances.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED BETWEEN
 MARCH SEVENTH, TWO THOUSAND TWENTY AND FEBRUARY TWENTY-EIGHTH, TWO THOU-
 SAND TWENTY-TWO. ANY PAYMENT DUE AND OWING UNDER THIS SECTION  SHALL  BE
 SUSPENDED  UNTIL THE LATER OF THE END OF THE STATE OF EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER NUMBER  202  OF  2020  OR  FEBRUARY  TWENTY-

 S. 6853--B                         13
 
 EIGHTH,  TWO THOUSAND TWENTY-TWO. DISTRICTS SHALL NOT REQUIRE ANY HOUSE-
 HOLD WHO IS OTHERWISE ELIGIBLE FOR ASSISTANCE PURSUANT TO  THIS  SECTION
 TO  DEMONSTRATE  A  FUTURE  ABILITY  TO PAY RENT OR REPAY ANY ASSISTANCE
 PROVIDED  UNDER  THIS SECTION IN ORDER TO RECEIVE ASSISTANCE PURSUANT TO
 THIS SECTION UNTIL THE LATER OF  THE  END  OF  THE  STATE  OF  EMERGENCY
 DECLARED  PURSUANT  TO  EXECUTIVE  ORDER  NUMBER 202 OF 2020 OR FEBRUARY
 TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   § 14. Subdivision 1 of section 131-s of the social  services  law,  as
 amended  by  chapter  318  of  the  laws  of 2009, is amended to read as
 follows:
   1. (A) In the case of a person applying for public assistance, supple-
 mental security income benefits or additional state payments pursuant to
 this chapter, the  social  services  official  of  the  social  services
 district  in which such person resides shall, unless alternative payment
 or living arrangements can be made, make a payment to a gas corporation,
 electric corporation or  municipality  for  services  provided  to  such
 person  during  a  period of up to, but not exceeding, four months imme-
 diately preceding the month of application for such assistance or  bene-
 fits  if  such  payment  is  needed  to  prevent  shut-off or to restore
 service. Persons whose gross household income exceeds the public assist-
 ance standard of need for the same size household must sign a  repayment
 agreement  to  repay  the  assistance  within  two  years of the date of
 payment as a condition of receiving assistance, in accordance with regu-
 lations established by the department. Such repayment agreement  may  be
 enforced  in  any  manner  available  to  a creditor, in addition to any
 rights the district may have pursuant to this chapter.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  NO  REPAYMENT AGREEMENT SHALL BE REQUIRED FOR ASSISTANCE PROVIDED
 BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND THE LATER OF THE  END  OF
 THE  STATE  OF EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER 202
 OF 2020 OR FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   § 15. Section 106-b of the social services law, as amended by  chapter
 81 of the laws of 1995, is amended to read as follows:
   §  106-b.  Adjustment  for  incorrect  payments.  1.  Any inconsistent
 provision of law notwithstanding, a social services official  shall,  in
 accordance  with  the  regulations of the department and consistent with
 federal law and regulations, take all necessary  steps  to  correct  any
 overpayment  or underpayment to a public assistance recipient; provided,
 however, that a social services official may waive recovery  of  a  past
 overpayment, in the case of an individual who is not currently a recipi-
 ent of public assistance, where the cost of recovery is greater than the
 cost  of  collections  as determined in accordance with department regu-
 lations consistent with federal law and regulations.   For  purposes  of
 this  section,  overpayment  shall  include payments made to an eligible
 person in excess of his OR HER needs as  defined  in  this  chapter  and
 payments  made  to  ineligible  persons (including payments made to such
 persons pending  a  fair  hearings  decision).  The  commissioner  shall
 promulgate  regulations  to implement procedures for correcting overpay-
 ments and underpayments.  The  procedures  for  correcting  overpayments
 shall  be  designed  to minimize adverse impact on the recipient, and to
 the extent possible avoid undue hardship.    Notwithstanding  any  other
 provision  of  law  to  the contrary, no underpayment shall be corrected
 with respect to a person who is currently not eligible for or in receipt
 of home relief or aid to  dependent  children,  except  that  corrective
 payments may be made with respect to persons formerly eligible for or in

 S. 6853--B                         14
 
 receipt  of aid to dependent children to the extent that federal law and
 regulations require.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 NO COLLECTION OF OVERPAYMENTS SHALL BE CONDUCTED, REGARDLESS OF WHEN THE
 OVERPAYMENT ACCRUED, UNTIL THE LATER OF THE END OF THE STATE OF EMERGEN-
 CY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER 202 OF 2020  OR  FEBRUARY
 TWENTY-EIGHTH, TWO THOUSAND TWENTY-TWO.
   §  16. The social services law is amended by adding a new section 131-
 cc to read as follows:
   § 131-CC.  FAMILY  HOMELESSNESS  AND  EVICTION  PREVENTION  SUPPLEMENT
 PROGRAM.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 FOR A LOCAL SOCIAL SERVICES DISTRICT WITH A POPULATION OF  FIVE  MILLION
 OR  MORE,  THE  COMMISSIONER  SHALL DESIGNATE SUCH LOCAL SOCIAL SERVICES
 DISTRICT TO MAKE RENT SUPPLEMENTS AVAILABLE TO ELIGIBLE  FAMILIES  UNDER
 THE  FAMILY  HOMELESSNESS  AND  EVICTION PREVENTION SUPPLEMENT ("FHEPS")
 PROGRAM, AND TO  ADMINISTER  THE  PROGRAM  IN  ACCORDANCE  WITH  A  PLAN
 APPROVED  PURSUANT  TO  18 N.Y.C.R.R.   § 352.3(A)(3), PROVIDED HOWEVER,
 THAT THE MAXIMUM RENT FOR SUCH RENT SUPPLEMENTS  SHALL  BE  SET  AT  THE
 UNITED  STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S FAIR MARKET
 RENT LEVEL. THE STATE SHALL REIMBURSE THE LOCAL SOCIAL SERVICES DISTRICT
 FOR PAYMENTS MADE UNDER THE FHEPS PROGRAM IN A  MANNER  CONSISTENT  WITH
 TITLE TWO OF THIS ARTICLE.
   §  17. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of this act, but shall  be  confined
 in  its  operation  to  the  clause,  sentence,  paragraph, subdivision,
 section or part of this act directly  involved  in  the  controversy  in
 which  such  judgment shall have been rendered. It is hereby declared to
 be the intent of the legislature that this act would have  been  enacted
 even  if  such invalid clause, sentence, paragraph, subdivision, section
 or part had not been included herein.
   § 18. This act shall take effect immediately; 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
 expire  therewith;  provided further that the amendments to subpart A of
 part BB of chapter 56 of the laws of 2021 made by  this  act  shall  not
 affect the expiration of such subpart and shall be deemed repealed ther-
 ewith;  and  provided,  further that sections twelve, thirteen, fourteen
 and fifteen of this act shall expire and be deemed repealed at the later
 of the end of the state of  emergency  declared  pursuant  to  executive
 order number 202 of 2020 or February 28, 2022.