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Legislation (S.9114/A.11181) Places a Moratorium on COVID-related Residential Evictions and Foreclosure Proceedings
Adds to New York State s Efforts to Protect Tenants and Homeowners Undergoing Economic Hardship Due to COVID-19
Governor Andrew M. Cuomo today signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The Act (S.9114/A.11181) prevents residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic. It also extends the Senior Citizens Homeowner Exemption and Disabled Homeowner Exemption from 2020 to 2021. The Act adds to New York State s efforts to protect tenants and homeowners from the economic hardship incurred as a result of the COVID-19 pandemic.
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Since declaring a State of Emergency on March 7, 2020 in response to the COVID-19 pandemic, New York Governor Andrew Cuomo has issued a number of Executive Orders providing protections for both commercial and residential tenants and mortgagors. On March 20, 2020, Governor Cuomo issued Executive Order 202.8 prohibiting the enforcement of an eviction of any residential or commercial tenant or a foreclosure of any residential or commercial property for period of ninety days. Most recently, Executive Order 202.66 extended the residential moratorium through January 1, 2021, and Executive Order 202.81 extended the commercial moratorium through January 31, 2021.
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On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court. The act also places a stay on existing foreclosure actions or eviction proceedings for 60 days to give homeowners and renters an opportunity to declare hardship and gain protection from foreclosure or eviction until at least May 1, 2021. As detailed below, the act gives struggling homeowners and renters some breathing room while COVID-19 cases are at their peak, and it requires that notice will be given in the consumer’s preferred language.