THE HARDSHIP DECLARATION APPLIES TO EJECTMENT ACTIONS TOO

The State of New York on December 28, 2020, enacted the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" (L 2020, Ch 381), (the "Act").  Part A, § 8(a)(ii) of the Act further provides "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."

In JACOB CRAM COOP., INC. v. ZIOLKOWSKI, 2021 NY Slip Op 30174 - NY: Supreme Court January 22, 2021, a coop board had an action in ejectment against the coop owner, not a summary proceeding. A warrant of possession was issued and then the coop owner filed a hardship declaration but the board claimed the Act only applied to summary proceedings. The court held otherwise:

"The court agrees with defendant that in spite of the failure of the Legislature to specifically use the term "action" as applied to landlord-tenant disputes, the term "eviction proceeding" as defined therein includes New York's current hybrid common law/statutory (RPAPL Art. 6) actions for ejectment as applied to residential tenancies. Plaintiff's interpretation limiting the applicability of the statute is contrary to the Act's definition of "eviction proceeding" as including "any other judicial or administrative proceeding to recover possession of real property relating to a residential dwelling unit." Other than a plenary action for ejectment, the court is unable to discern any other "proceeding" that the legislature could have intended. Additionally, the Act includes a specific statement of legislative intent that its applicability is to be broadly construed stating:

    "COVID-19 presents a historic threat to public health. Hundreds of thousands of residents are facing eviction or foreclosure due to necessary disease control measures that closed businesses and schools, and triggered mass-unemployment across the state The pandemic has further interrupted court operations, the availability of counsel, the ability for parties to pay for counsel, and the ability to safely commute and enter a courtroom, settlement conference and the like.

    Stabilizing the housing situation for tenants, landlords, and homeowners is to the mutual benefit of all New Yorkers and will help the state address the pandemic, protect public health, and set the stage for recovery. It is, therefore, the intent of this legislation to avoid as many evictions and foreclosures as possible for people experiencing a financial hardship during the COVID-19 pandemic or who cannot move due to an increased risk of severe illness or death from COVID-19."

(L. 2020, Ch. 381, Sec. 3). Finally, if the Legislature intended the Act to apply to summary proceedings only, it would have stated that clearly without the need to create and define a new and broadened term of "eviction proceedings.""