NY State Senate Bill 2021-S7335A

Senate Bill S7335A

2021-2022 Legislative Session

Extends the prohibition on the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered period

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2022	print number 7335a
Jan 13, 2022	amend (t) and recommit to judiciary
Jan 05, 2022	referred to judiciary
Aug 18, 2021	referred to rules

Bill Amendments

Original

A (Active)

2021-S7335 - Details

See Assembly Version of this Bill:: A8240
Current Committee:: Senate Judiciary
Law Section:: Real Property
Laws Affected:: Amd §1, Chap 127 of 2020
Versions Introduced in 2023-2024 Legislative Session:: A2094

2021-S7335 - Summary

Extends the prohibition on the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered period through April 15, 2022.

2021-S7335 - Sponsor Memo

                                
 
BILL NUMBER: S7335

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to extending the prohibition on the eviction of resi-
dential tenants who have suffered financial hardship during the COVID-19
covered period

 
PURPOSE:

To extend the "safe harbor" period of the Tenant Safe Harbor Act of 2020
through January 31, 2022.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1 of chapter 127 of the laws of
2020 ("the Tenant Safe Harbor Act") by extending until January 31, 2022
the COVID19 covered period during which unpaid rent incurred by tenants
experiencing financial hardship cannot be used as the basis for non-pay-
ment evictions.

Section 2 of the bill amends subdivision 2 of section 2 of the Tenant
Safe Harbor Act by establishing that there is a rebuttable presumption
that a tenant or lawful occupant has suffered a financial hardship if
they submitted a hardship declaration form to the court, their landlord,
or an agent of either.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

In 2020, the Legislature passed S.8192-B (Hoylman)/A.10290-B (Dinowitz),
known as the Tenant Safe Harbor Act, which prohibited courts from issu-
ing warrants of eviction or judgment of possession against residential
tenants that suffered a financial hardship during the COVID-19 covered
period for the non-payment of rent that accrues or becomes due during
the covered period.

As originally defined in the Tenant Safe Harbor Act, the COVID-19
covered period started on March 7, 2020 and ran until June 15, 2021, the
date on which all COVID-related closures and restrictions on businesses
and places of public accommodations pursuant to New York State Executive
Order 202 and subsequent Executive Orders were lifted.

The Tenant Safe Harbor Act has provided an important backstop to various
federal, state and local eviction moratoria, giving tenants who suffered
financial hardship during the COVID-19 covered period permanent
protections from being evicted on the basis of non-payment of rent that
accrued during the covered period.

As the Delta variant of COVID-19 contributes to increasing infection
rates across New York State and with the U.S. Supreme Court ordering an
early end to Part A of New York's COVID-19 Emergency Eviction and Fore-
closure Prevention Act (CEEFPA), continuation of the Tenant Safe Harbor
Act's protections are warranted as the federal and state government
consider additional eviction protections. This legislation would extend
the Tenant Safe Harbor Act's covered period retroactive to June 15, 2021
through January 31, 2022, and further provides that a hardship declara-
tion filed by a tenant or lawful occupant pursuant to CEEFPA creates a
rebuttable presumption that the tenant or lawful occupant experienced
financial hardship during the COVID-19 covered period.

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 7, 2020.

2021-S7335 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7335
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 18, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to extending the prohibition on the eviction of resi-
   dential tenants  who  have  suffered  financial  hardship  during  the
   COVID-19 covered period

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 127 of the laws of 2020,  relating  to
 prohibiting the eviction of residential tenants who have suffered finan-
 cial  hardship during the COVID-19 covered period, is amended to read as
 follows:
   Section 1. For the purposes of this  act,  "COVID-19  covered  period"
 means March 7, 2020 until [the date on which none of the provisions that
 closed or otherwise restricted public or private businesses or places of
 public  accommodation,  or  required postponement or cancellation of all
 non-essential gatherings of individuals of any size for  any  reason  in
 Executive  Orders  202.3,  202.4,  202.5,  202.6,  202.7, 202.8, 202.10,
 202.11, 202.13 or 202.14, as extended by  Executive  Orders  202.28  and
 202.31  and as further extended by any future Executive Order, issued in
 response to the COVID-19 pandemic continue to apply in the county of the
 tenant's or lawful occupant's residence] JANUARY 31, 2022.
   § 2. Paragraph (b) of subdivision 2 of section 2 of chapter 127 of the
 laws of 2020,  relating  to  prohibiting  the  eviction  of  residential
 tenants who have suffered financial hardship during the COVID-19 covered
 period, is amended to read as follows:
   (b)  In  determining  whether  a  tenant or lawful occupant suffered a
 financial hardship during the COVID-19 covered period, the  court  shall
 consider, among other relevant factors:
   (i)  the  tenant's  or  lawful occupant's income prior to the COVID-19
 covered period;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13048-03-1

 S. 7335                             2
 
   (ii) the tenant's or lawful  occupant's  income  during  the  COVID-19
 covered period;
   (iii) the tenant's or lawful occupant's liquid assets; [and]
   (iv)  the tenant's or lawful occupant's eligibility for and receipt of
 cash assistance, supplemental nutrition assistance program, supplemental
 security income, the New York State disability program, the home  energy
 assistance  program, [or] unemployment insurance or benefits under state
 or federal law, OR THE EMERGENCY RENTAL ASSISTANCE PROGRAM;
   (V) WHETHER THE TENANT OR LAWFUL OCCUPANT  HAS  SUBMITTED  A  HARDSHIP
 DECLARATION, AS DEFINED IN PART A OF CHAPTER THREE HUNDRED EIGHTY-ONE OF
 THE  LAWS  OF  TWO THOUSAND TWENTY, IN WHICH THE TENANT HAS SELECTED THE
 OPTION INDICATING A FINANCIAL HARDSHIP TO THE LANDLORD, AN AGENT OF  THE
 LANDLORD, OR THE COURT. IF THE TENANT OR LAWFUL OCCUPANT HAS SUBMITTED A
 HARDSHIP  DECLARATION  INDICATING  A FINANCIAL HARDSHIP, SUCH SUBMISSION
 SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE TENANT OR LAWFUL OCCUPANT
 SUFFERED A  FINANCIAL  HARDSHIP  DURING  THE  COVID-19  COVERED  PERIOD;
 PROVIDED  THAT  THE ABSENCE OF A HARDSHIP DECLARATION SHALL NOT CREATE A
 PRESUMPTION THAT THE TENANT OR LAWFUL OCCUPANT DID NOT SUFFER  A  FINAN-
 CIAL HARDSHIP.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 7, 2020.

2021-S7335A (ACTIVE) - Details

See Assembly Version of this Bill:: A8240
Current Committee:: Senate Judiciary
Law Section:: Real Property
Laws Affected:: Amd §1, Chap 127 of 2020
Versions Introduced in 2023-2024 Legislative Session:: A2094

2021-S7335A (ACTIVE) - Summary

Extends the prohibition on the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered period through April 15, 2022.

2021-S7335A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7335A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend chapter 127 of the laws of 2020, relating to prohibiting
the eviction of residential tenants who have suffered financial hardship
during the COVID-19 covered period, in relation to extending the prohi-
bition on the eviction of residential tenants who have suffered finan-
cial hardship during the COVID-19 covered period

 
PURPOSE:

To extend the "safe harbor" period of the Tenant Safe Harbor Act of 2020
through April 15, 2022.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1 of chapter 127 of the laws of
2020 ("the Tenant Safe Harbor Act") by extending the COVID19 covered
period from January 15, 2022 to April 15, 2022.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

In 2020, the Legislature passed S.8192-B (Hoylman)/A.10290-B (Dinowitz),
known as the Tenant Safe Harbor Act, which prohibited courts from issu-
ing warrants of eviction or judgment of possession against residential
tenants that suffered a financial hardship during the COVID-19 covered
period for the non-payment of rent that accrues or becomes due during
the covered period.

As originally defined in the Tenant Safe Harbor Act, the COVID-19
covered period started on March 7, 2020 and ran until June 15, 2021, the
date on which all COVID-related closures and restrictions on businesses
and places of public accommodations pursuant to New York State Executive
Order 202 and subsequent Executive Orders were lifted. In 2021, the
Legislature extended the covered period to January 15, 2022.

The Tenant Safe Harbor Act has provided an important backstop to various
federal, state and local eviction moratoria, giving tenants who suffered
financial hardship during the COVID-19 covered period permanent
protections from being evicted on the basis of non-payment of rent that
accrued during the covered period.

As the new variants of COVID-19 contribute to increasing infection rates
across New York State and continuing to hamper our economic recovery,
continuation of the Tenant Safe Harbor Act's protections are warranted.
This legislation would extend the Tenant Safe Harbor Act's covered peri-
od through April 15, 2022.

 
LEGISLATIVE HISTORY:

2021: S.7335 - Died in Rules

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after January 15, 2022.

2021-S7335A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7335--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 18, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend chapter 127 of the laws of 2020, relating to prohibiting
   the eviction of residential tenants who have suffered financial  hard-
   ship  during the COVID-19 covered period, in relation to extending the
   prohibition on the eviction of residential tenants who  have  suffered
   financial hardship during the COVID-19 covered period
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 127 of the laws of 2020,  relating  to
 prohibiting the eviction of residential tenants who have suffered finan-
 cial  hardship during the COVID-19 covered period, as amended by section
 1 of part D of chapter 417 of the laws of 2021, is amended  to  read  as
 follows:
   Section  1.  For  the  purposes of this act, "COVID-19 covered period"
 means March 7, 2020 until [January] APRIL 15, 2022.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 15, 2022.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13048-04-2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.