eviction and foreclosure act Dr. John Kehoe Breast Center
Caribbean L 6 ife, JANUARY 8-14, 2021
Senate passes COVID-19 emergency
By Tangerine Clarke
New York State Senator Kevin Parker
in a recent special session to pass a
historical legislation that ensures New
Yorkers who are still facing financial
hardship can stay in their homes, said
“The COVID-19 pandemic has caused
financial hardships for millions of people
nationally, from losing their employment,
to the death of friends and loved
ones — who in many cases were the
head of household for their families.”
“It was important
for us as legislators
to come
together and provide
real relief
for New Yorkers
during this critical
time. No one
should live in fear
of losing their
home, especially
not in the midst of
a Pandemic,” said
the lawmaker.
Under this new
legislation tenants
will be given
an opportunity to
submit hardship
declarations and
an additional twomonth
moratorium
extension will
Sen. Kevin Parker, D- Brooklyn, during
a news conference at the Capitol
in Albany, N.Y. Associated Press / Hans
Pennink, fi le
be in place for both renters and homeowners,
Sen. Parker noted,
The COVID-19 Emergency Eviction
and Foreclosure Prevention Act (S.9114
/ A.11181) includes: Prevent Evictions:
This bill creates a Standardized Hardship
Declaration Form, which tenants
can submit in court or to their landlords
to prevent or halt an eviction if they
experience financial hardship due to the
COVID-19 pandemic that prevents them
from being able to pay their rent in full,
or move; or if someone in the household
is at increased risk of severe illness from
COVID.
Additionally, the form allows tenants
to declare financial hardship if they
have lost income; have increased health,
child care, or other family care expenses;
have been unable to obtain meaningful
employment because of circumstances
relating to COVID-19; or cannot afford
moving expenses.
Once a tenant has signed this form,
they may return it to their landlord or
to a court to prevent a landlord from
filing an eviction, or to suspend an
eviction proceeding already underway
until May 1, 2021, in addition to other
protections.
It will protect against foreclosure and
tax lien sales for residential property
owners: This bill provides protections
against foreclosure and tax lien sales
to any residential property owner that
owns ten or fewer dwelling units, including
their own primary residence.
According to the measure, property
owners will be able to access foreclosure
and tax lien sale protection by filing
a Standardized Hardship Declaration
Form with their mortgage lender, local
assessor, or with a court, similar to
that created by the eviction protection
proposal.
The owner will declare, under penalty
of perjury, a financial hardship that prevents
them from paying their mortgage
or property taxes because of lost income,
including reduction in rent collections,
increased expenses; or the inability to
obtain meaningful
employment.
It further states
that landlords with
more than 10 total
units are excluded
from these protections.
Prohibit negative
credit reporting
and discrimination
in extending
credit: This bill
protects a property
owner from
credit discrimination
if the owner
has fallen behind
on mortgage payments
on the
property at which
they reside or
because they have
received a stay of mortgage foreclosure,
tax foreclosure, or tax lien sales on the
property.
Homeowners will use the same Hardship
Declaration to avoid credit discrimination
based on their mortgage arrears
on the property at which such owner
resides.
Additionally, The legislation limits
these new protections only to single
home residences, co-ops, and owner-occupied
multi-family primary residences
with one to nine rental units. It will also
prohibit negative reporting to any credit
agency of the granting or imposition of
a stay on mortgage foreclosure proceedings,
or tax foreclosure proceedings or
tax lien sale on such property.
Automatically renew senior citizens’
homeowner and disabled homeowner
exemptions: This bill will require local
governments to automatically renew
the annual requirement that eligible
recipients re-certify their Senior Citizens’
Homeowner Extension (SCHE)
and Disabled Homeowner Exemption
(DHE) benefits for 2021. Normally, eligible
recipients need to file renewal
applications, sometimes in person at the
assessor’s office.
The governor issued Executive Order
(202.83) permitting local governments
to automatically renew these exemptions
as a local option. This bill requires
local governments to automatically
renew these exemptions, and will additionally
allow for exemption increases
if the homeowner is entitled to one,
according to Senator Parker.
A Full Service Breast Cancer Diagnosis Center
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