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Community Recovery Task Force -- Landlord/Tenant and Real Estate

In just three weeks’ time this legislation proceeded from introduction (January 6), to passage by the Senate (January 19), to passage by the Assembly (January 26). If signed into law by the Governor, the Act would:
  • Prevent evictions until at least May 1, 2021 for non-payment of rent or holding over after the expiration of a lease for commercial tenants that: (1) have 50 or fewer employees; (2) are independently owned and operated; and (3) are not dominant in their field; and which have either (a) lost significant revenue; (b) incurred significant increased costs during the pandemic; or, (c) would experience hardship were it to be forced to relocate during the pandemic.
  • Require commercial landlords to provide tenants with an approved standard hardship declaration with every notice required by lease, law or rule prior to initiating an eviction proceeding.
  • Stay all eviction proceedings, including those currently pending, until the later of (a) 60 days after enactment or (b) a date determined by the Chief Administrative Judge to be necessary to ensure that courts are prepared to conduct proceedings in compliance with the new law and to give tenants an opportunity to submit the hardship declaration provided for by the law.
  • Stay all foreclosures on mortgages, delinquent taxes, or the sale of a tax lien related to commercial property, provided that the owners or mortgagors of commercial real property experienced financial hardship during the pandemic, and provided that the owner or mortgagor owns a total of ten or fewer commercial units (directly or indirectly), has 50 or fewer employees, is independently owned and operated, and is not dominant in its field.
  • Prohibit forwarding negative reports to credit agencies concerning a hardship declaration filed by an owner or mortgagor with its lender.
Introduced in the NYS Senate on February 2, this bill would:
  •  Suspend all residential rent obligations for the period March 7, 2020 through 90 days after the state of emergency declared by the Governor ends;
  •  Suspend all mortgage payments for homeowners whose primary residence has six or fewer units;
  •  Require the Commissioner of Housing and Community Renewal to issue regulations:
    •  Providing assistance to residential cooperatives and affordable housing operators losing maintenance and rental income;
    •  Establishing and managing relief funds for landlords and public housing authorities.