NEW RULE RE:COVID RESIDENTIAL EVICTIONS?

This passed both the Assembly and Senate and is waiting for the Governor's signature.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8192--B

                            I N  S E N A T E

                             April 13, 2020
                               ___________

Introduced  by  Sens.  HOYLMAN,  KRUEGER,  MAYER, JACKSON, LIU, METZGER,
  MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed,  and  when
  printed  to  be  committed  to the Committee on Judiciary -- 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  in  relation to prohibiting the eviction of residential tenants
  who have suffered financial hardship during the COVID-19 covered peri-
  od

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT 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.
  § 2. Notwithstanding any provision of law to the contrary:
  1. No  court  shall  issue  a  warrant  of  eviction  or  judgment  of
possession  against  a  residential tenant or other lawful occupant that
has suffered a financial hardship during the COVID-19 covered period for
the non-payment of rent that accrues or becomes due during the  COVID-19
covered period.
  2. (a) A tenant or lawful occupant may raise financial hardship during
the  COVID-19  covered period as a defense in a summary proceeding under
article 7 of the real property actions and proceedings law.
  (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;
  (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.
  3. This act shall not prohibit any court from awarding a judgment  for
the  rent due and owing to a successful petitioner in a summary proceed-
ing under article 7 of the real property actions and proceedings law.
  § 3. This act shall take effect immediately.