ALBANY – New York Senate Deputy Leader Gianaris and the State Senate on December 28 passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act (S.9114), the strongest bill in the nation to block eviction and foreclosure proceedings and ensure renters and homeowners facing hardships due to the pandemic can stay in their homes.
Senate Deputy Leader Gianaris said, “there has not been nearly enough done to prevent a full-blown housing crisis from erupting as a result of the COVID-19 pandemic. This moratorium is a good step to ensure New Yorkers don’t get thrown out of their homes at a time when we’re asking people to stay in their homes. We must do even more to provide real relief in the months ahead.”
Under this new bill, any pending eviction proceedings, or any commenced within 30 days of the effective date of this legislation, will be stayed for at least 60 days to give tenants an opportunity to submit a simple hardship declaration that would prevent eviction. This implements a two-month moratorium to ensure New Yorkers are able to take advantage of this legislation and the protections it provides. A similar prohibition on foreclosures would also be enacted.
And the new law will also suspend evictions until May 1 for renters who submit signed paperwork stating they've faced hardship amid the coronavirus pandemic. New Yorkers could point to hardships ranging from significant loss of household income, to increased out-of-pocket health expenses, to caregiving responsibilities, to the risk that moving itself poses for individuals with underlying medical conditions that leave them vulnerable to COVID-19.
The legislation also make it harder for banks to foreclose on smaller landlords who say they are facing similar hardships, including having a tenant who's defaulted on significant amount of rent payments since March 2020. The bill protects landlords who own fewer than 10 dwelling units from foreclosure or tax liens until May 1, while also protecting their credit rating.
At least 930,000 individuals have tested positive for COVID-19 in New York so far this year and more than 37,000 people have died, according to the state's dashboard and data compiled by John Hopkins University of Medicine.
About 20% of New York households say they’re behind on rent or mortgage payments and likely to face eviction or foreclosure in the next two months, according to data collected by the U.S. Census Bureau. The state's unemployment rate increased to 8.1% in November, up from 3.6% in November 2019. That's compared to a 6.4% national unemployment rate in November.
Lawmakers who support the law stressed Monday it isn't designed to “cancel rent” but to keep people in their homes and avoid an increase in homelessness.
“People are struggling, some people are dying," Bronx state Assembly member Jeffrey Dinowitz, a Democrat and the bill's sponsor, said. “Tenants aren't gaming the system, they’re desperate.”
But Republicans — and several Democrats — warned the bill would violate due process rights for landlords, and fuel a wave of foreclosures after May 1. Landlord industry groups said a blanket moratorium would push New York City into bankruptcy and destroy affordable housing infrastructure, while other critics said the lack of income restrictions could simply let wealthy residents avoid financial obligations.
“I am concerned however that this time with this bill, that safety net is now falling to landlords, particularly small landlords,” said Assembly member Patricia Fahy, a Democrat who represents parts of Albany County. “In the past, the responsibility of providing a safety net to those who need it has fallen to government.”
Meanwhile, both supporters and critics said the bill doesn't address the looming crisis of renters and landlords facing months of unpaid bills.
President Donald Trump signed Sunday a massive COVID-19 aid bill that includes $25 billion for states and local governments to help people facing eviction, with $1.3 billion set aside for New York. Democrats in New York are pushing for higher taxes on the wealthy to help pay for more rent relief.
The state Senate, which Democrats control 40-21, passed the bill Monday along party lines. The Assembly — which Democrats control 107-43 — passed the bill with a 99-47 vote, with no Republicans supporting the bill.
Gov. Andrew Cuomo, a Democrat, had pledged to extend the current eviction moratorium beyond its Jan. 1 expiration. Cuomo’s executive order has blocked evictions for those who prove financial hardship, but housing advocates said it imposes a high hurdle.