Senate Bill S7335A

                            
 
                     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.