The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181) Part A provisions for landlord/tenants:
Section 1. Definitions. For the purposes of this act: 1. "Eviction
proceeding" means a summary proceeding to recover possession of real
property under article seven of the real property actions and
proceedings law relating to a residential dwelling unit or any other
judicial or administrative proceeding to recover possession of real
property relating to a residential dwelling unit.
2. "Landlord" includes a landlord, owner of a residential property and
any other person with a legal right to pursue eviction, possessory
action or a money judgment for rent, including arrears, owed or that
becomes due during the COVID-19 covered period, as defined in section 1
of chapter 127 of the laws of 2020.
3. "Tenant" includes a residential tenant, lawful occupant of a dwell-
ing unit, or any other person responsible for paying rent, use and occu-
pancy, or any other financial obligation under a residential lease or
tenancy agreement, but does not include a residential tenant or lawful
occupant with a seasonal use lease where such tenant has a primary resi-
dence to which to return to.
4. "Hardship declaration" means the following statement, or a substan-
tially equivalent statement in the tenant's primary language, in
14-point type, published by the office of court administration, whether
in physical or electronic written form:
"NOTICE TO TENANT: If you have lost income or had increased costs
during the COVID-19 pandemic, or moving would pose a significant health
risk for you or a member of your household due to an increased risk for
severe illness or death from COVID-19 due to an underlying medical
condition, and you sign and deliver this hardship declaration form to
your landlord, you cannot be evicted until at least May 1, 2021 for
nonpayment of rent or for holding over after the expiration of your
lease. You may still be evicted for violating your lease by persistently
and unreasonably engaging in behavior that substantially infringes on
the use and enjoyment of other tenants or occupants or causes a substan-
tial safety hazard to others.
If your landlord has provided you with this form, your landlord must
also provide you with a mailing address and e-mail address to which you
can return this form. If your landlord has already started an eviction
proceeding against you, you can return this form to either your land-
lord, the court, or both at any time. You should keep a copy or picture
of the signed form for your records. You will still owe any unpaid rent
to your landlord. You should also keep careful track of what you have
paid and any amount you still owe.
For more information about legal resources that may be available to
you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
live in New York City or go to www.nycourts.gov/evictions/outside-nyc/
or call a local bar association or legal services provider if you live
outside of New York City. Rent relief may be available to you, and you
should contact your local housing assistance office.
TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
I am a tenant, lawful occupant, or other person responsible for paying
rent, use and occupancy, or any other financial obligation under a lease
or tenancy agreement at (address of dwelling unit).
YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR EVICTION PROTECTION BY
SELECTING OPTION "A" OR "B", OR BOTH.
A. ( ) I am experiencing financial hardship, and I am unable to pay my
rent or other financial obligations under the lease in full or obtain
alternative suitable permanent housing because of one or more of the
following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing
essential work or related to health impacts during the COVID-19 pandem-
ic.
3. Childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected my ability or the ability of someone in my
household to obtain meaningful employment or earn income or increased my
necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing
make it a hardship for me to relocate to another residence during the
COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negative-
ly affected my ability to obtain meaningful employment or earn income or
have significantly reduced my household income or significantly
increased my expenses.
To the extent that I have lost household income or had increased
expenses, any public assistance, including unemployment insurance,
pandemic unemployment assistance, disability insurance, or paid family
leave, that I have received since the start of the COVID-19 pandemic
does not fully make up for my loss of household income or increased
expenses.
B. ( ) Vacating the premises and moving into new permanent housing would
pose a significant health risk because I or one or more members of my
household have an increased risk for severe illness or death from
COVID-19 due to being over the age of sixty-five, having a disability or
having an underlying medical condition, which may include but is not
limited to being immunocompromised.
I understand that I must comply with all other lawful terms under my
tenancy, lease agreement or similar contract. I further understand that
lawful fees, penalties or interest for not having paid rent in full or
met other financial obligations as required by my tenancy, lease agree-
ment or similar contract may still be charged or collected and may
result in a monetary judgment against me. I further understand that my
landlord may be able to seek eviction after May 1, 2021, and that the
law may provide certain protections at that time that are separate from
those available through this declaration.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
§ 2. Pending eviction proceedings. Any eviction proceeding pending on
the effective date of this act, including eviction proceedings filed on
or before March 7, 2020, or commenced within thirty days of the effec-
tive date of this act shall be stayed for at least sixty days, or to
such later date that the chief administrative judge shall determine is
necessary to ensure that courts are prepared to conduct proceedings in
compliance with this act and to give tenants an opportunity to submit
the hardship declaration pursuant to this act. The court in each case
shall promptly issue an order directing such stay and promptly mail the
respondent a copy of the hardship declaration in English, and, to the
extent practicable, the tenant's primary language, if other than
English.
§ 3. Pre-eviction notices. A landlord shall include a "Hardship Decla-
ration" in 14-point type, with every written demand for rent made pursu-
ant to subdivision 2 of section 711 of the real property actions and
proceedings law, with any other written notice required by the lease or
tenancy agreement, law or rule to be provided prior to the commencement
of an eviction proceeding, and with every notice of petition served on a
tenant. If the translation of the hardship declaration in the tenant's
primary language is not available on the office of court adminis-
tration's public website, as provided by section ten of this act, it
shall be the landlord's responsibility to obtain a suitable translation
of the hardship declaration in the tenant's primary language. Such
notice shall also include:
1. a mailing address, telephone number and active email address the
tenant can use to contact the landlord and return the hardship declara-
tion; and
2. a list of all not-for-profit legal service providers actively
handling housing matters in the county where the subject premises are
located. Such lists shall be prepared and regularly updated, to the
extent practicable, for such purpose and published on the website of the
office of court administration.
§ 4. Prohibition on initiation of eviction proceeding. If there is no
pending eviction proceeding and a tenant provides a hardship declaration
to the landlord or an agent of the landlord, there shall be no initi-
ation of an eviction proceeding against the tenant until at least May 1,
2021, and in such event any specific time limit for the commencement of
an eviction proceeding shall be tolled until May 1, 2021.
§ 5. Required affidavit. 1. No court shall accept for filing any peti-
tion or other filing to commence an eviction proceeding unless the peti-
tioner or an agent of the petitioner files an affidavit of service,
under penalty of perjury, demonstrating the manner in which the peti-
tioner or the petitioner's agent served a copy of the hardship declara-
tion in English and the tenant's primary language, if other than
English, with any rent demand and with any other written notice required
by the lease or tenancy agreement, law or rule to be provided prior to
the commencement of an eviction proceeding, and an affidavit under
penalty of perjury:
a. attesting that at the time of filing, neither the petitioner nor
any agent of the petitioner has received a hardship declaration from the
respondent or any other tenant or occupant of the dwelling unit that is
the subject of the proceeding, or
b. attesting that the respondent or another tenant or occupant of the
dwelling unit that is the subject of the proceeding has returned a hard-
ship declaration, but the respondent is persistently and unreasonably
engaging in behavior that substantially infringes on the use and enjoy-
ment of other tenants or occupants or causes a substantial safety hazard
to others, with a specific description of the behavior alleged.
2. Upon accepting a petition pursuant to article 7 of the real proper-
ty actions and proceedings law, the attorney, judge or clerk of the
court, as the case may be, shall determine whether a copy of the hard-
ship declaration in English and the tenant's primary language, if other
than English, is annexed to the served notice of petition and, if not,
shall ensure that the hardship declaration is attached to such notice.
Service of the notice of petition with the attached hardship declaration
shall be made by personal delivery to the respondent, unless such
service cannot be made with due diligence, in which case service may be
made under section 735 of the real property actions and proceedings law.
At the earliest possible opportunity, the court shall seek confirmation
on the record or in writing from the respondent that the respondent has
received the hardship declaration and that the respondent has not
submitted a hardship declaration to the petitioner, an agent of the
petitioner, or the court. If the court determines a respondent has not
received a hardship declaration, then the court shall stay the proceed-
ing for a reasonable period of time, which shall be no less than ten
business days or any longer period provided by law, and provide the
respondent with a copy of the hardship declaration in English and the
respondent's primary language, if other than English, to ensure the
respondent received and fully considered whether to submit the hardship
declaration.
§ 6. Pending proceedings. In any eviction proceeding in which an
eviction warrant has not been issued, including eviction proceedings
filed on or before March 7, 2020, if the tenant provides a hardship
declaration to the petitioner, the court, or an agent of the petitioner
or the court, the eviction proceeding shall be stayed until at least May
1, 2021. If such hardship declaration is provided to the petitioner or
agent, such petitioner or agent shall promptly file it with the court,
advising the court in writing the index number of all relevant cases.
§ 7. Default judgments. No court shall issue a judgment in any
proceeding authorizing a warrant of eviction against a respondent who
has defaulted, or authorize the enforcement of an eviction pursuant to a
default judgment, prior to May 1, 2021, without first holding a hearing
after the effective date of this act upon motion of the petitioner. The
petitioner or an agent of the petitioner shall file an affidavit attest-
ing that the petitioner or the petitioner's agent has served notice of
the date, time, and place of such hearing on the respondent, including a
copy of such notice. If a default judgment has been awarded prior to the
effective date of this act, the default judgment shall be removed and
the matter restored to the court calendar upon the respondent's written
or oral request to the court either before or during such hearing and an
order to show cause to vacate the default judgment shall not be
required.
§ 8. Post warrant of eviction. a. (i) In any eviction proceeding in
which an eviction warrant has been issued prior to the effective date of
this act, but has not yet been executed as of the effective date of this
act, including eviction proceedings filed on or before March 7, 2020,
the court shall stay the execution of the warrant at least until the
court has held a status conference with the parties. (ii) In any
eviction proceeding, if the tenant provides a hardship declaration to
the petitioner, the court, or an agent of the petitioner or the court,
prior to the execution of the warrant, the execution shall be stayed
until at least May 1, 2021. If such hardship declaration is provided to
the petitioner or agent of the petitioner, such petitioner or agent
shall promptly file it with the court, advising the court in writing the
index number of all relevant cases.
b. In any eviction proceeding in which a warrant has been issued,
including eviction proceedings filed on or before March 7, 2020, any
warrant issued shall not be effective as against the occupants, unless,
in addition to the requirements under section 749 of the real property
actions and proceedings law for warrants, such warrant states:
(i) The tenant has not submitted the hardship declaration and the
tenant was properly served with a copy of the hardship declaration
pursuant to this section, listing dates the tenant was served with the
hardship declaration by the petitioner and the court; or
(ii) The tenant is ineligible for a stay under this act because the
court has found that the tenant is persistently and unreasonably engag-
ing in behavior that substantially infringes on the use and enjoyment of
other tenants or occupants or causes a substantial safety hazard to
others, with a specific description of the behavior.
c. No court shall issue a warrant directed to the sheriff of the coun-
ty or to any constable or marshal of the city in which the property, or
a portion thereof, is situated, or, if it is not situated in a city, to
any constable of any town in the county, that does not comply with the
requirements of this section.
d. No officer to whom the warrant is directed shall execute a warrant
for eviction issued that does not comply with the requirements of this
section.
e. Unless the warrant contains the information contained in paragraph
(ii) of subdivision b of this section, if any tenant delivers the
hardship declaration to the officer to whom the warrant is directed, the
officer shall not execute the warrant and shall return the hardship form
to the court indicating the appropriate index/case number the form is
associated with.
§ 9. Sections two, four, six and paragraph (ii) of subdivision a of
section eight of this act shall not apply if the tenant is persistently
and unreasonably engaging in behavior that substantially infringes on
the use and enjoyment of other tenants or occupants or causes a substan-
tial safety hazard to others, provided:
1. If an eviction proceeding is pending on the effective date of this
act, but the petitioner has not previously alleged that the tenant
persistently and unreasonably engaged in such behavior, the petitioner
shall be required to submit a new petition with such allegations and
comply with all notice and service requirements under article 7 of the
real property actions and proceedings law and this act.
2. If the court has awarded a judgment against a respondent prior to
the effective date of this act on the basis of objectionable or nuisance
behavior, the court shall hold a hearing to determine whether the tenant
is continuing to persist in engaging in unreasonable behavior that
substantially infringes on the use and enjoyment of other tenants or
occupants or causes a substantial safety hazard to others.
3. For the purposes of this act, a mere allegation of the behavior by
the petitioner or an agent of the petitioner alleging such behavior
shall not be sufficient evidence to establish that the tenant has
engaged in such behavior.
4. If the petitioner fails to establish that the tenant persistently
and unreasonably engaged in such behavior and the tenant provides or has
provided a hardship declaration to the petitioner, petitioner's agent or
the court, the court shall stay or continue to stay any further
proceedings until at least May 1, 2021.
5. If the petitioner establishes that the tenant persistently and
unreasonably engaged in such behavior or the tenant fails to provide a
hardship declaration to the petitioner, petitioner's agent or the court,
the proceeding may continue pursuant to article 7 of the real property
actions and proceedings law and this act.
§ 10. Translation of hardship declaration. The office of court admin-
istration shall translate the hardship declaration, as defined in
section one of this act, into Spanish and the six most common languages
in the city of New York, after Spanish, and shall post and maintain such
translations and an English language copy of the hardship declaration on
the website of such office beginning within fifteen days of the effec-
tive date of this act. To the extent practicable, the office of court
administration shall post and maintain on its website translations into
such additional languages as the chief administrative judge shall deem
appropriate to ensure that tenants have an opportunity to understand and
submit hardship declarations pursuant to this act.
§ 11. Rebuttable presumption. A hardship declaration in which the
tenant has selected the option indicating a financial hardship shall
create a rebuttable presumption that the tenant is experiencing finan-
cial hardship, in any judicial or administrative proceeding that may be
brought, for the purposes of establishing a defense under chapter 127 of
the laws of 2020, an executive order of the governor or any other local
or state law, order or regulation restricting the eviction of a tenant
suffering from a financial hardship during or due to COVID-19 provided
that the absence of a hardship declaration shall not create a presump-
tion that a financial hardship is not present.
§ 12. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid
and after exhaustion of all further judicial review, the judgment shall
not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, section or
part of this act directly involved in the controversy in which the judg-
ment shall have been rendered.
§ 13. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine, ten and twelve of this act
shall expire May 1, 2021.
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