The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which Governor Andrew Cuomo signed into law last month, extends New York State’s moratorium on residential evictions, which was first instituted on March 20, 2020, until May 1, 2021.
The law applies to both residential convictions and foreclosure proceedings when the tenant or homeowner is experiencing a hardship related to COVID-19. Additionally, the law prohibits credit discrimination and negative credit reporting due to the pandemic.
“When the COVID-19 pandemic began, we asked New Yorkers to protect each other by staying at home. As we fight our way through the marathon this pandemic has become, we need to make sure New Yorkers still have homes to provide that protection,” Mr. Cuomo said in a statement. “This law adds to previous executive orders by protecting the needy and vulnerable who, through no fault of their own, face eviction during an incredibly difficult period for New York. The more support we provide for tenants, mortgagors and seniors, the easier it will be for them to get back on their feet when the pandemic ends.”
Tenants wishing to prevent eviction must submit a declaration explaining the source of the hardship, the governor’s office noted. However, landlords can evict tenants who are creating safety or health hazards for other tenants.
For foreclosures, homeowners and landlords who own 10 or fewer dwellings can file hardship declarations with their lender, other foreclosing party or a court that would prevent a foreclosure.
Local governments are prohibited from engaging in tax foreclosures or tax lien sales until May 1. Lenders are prohibited from discriminating against property owners due to a stay of mortgage foreclosure proceedings, tax foreclosure proceedings or tax lien sales.
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