S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10496
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Reyes) --
   read once and referred to the Committee on Codes
 
 AN ACT in relation to ceasing the taking and restitution of property and
   the execution of money judgments by a sheriff due to  the  impacts  of
   COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 1. Notwithstanding any provision of law  to  the  contrary,
 prior  to the later of September 30, 2020 or the conclusion of the state
 disaster emergency declared pursuant to executive order 202, no  sheriff
 shall take action with respect to the taking and restitution of property
 or the execution of a money judgment unless:
   (a)  such  action  or  type of action has been ordered by the governor
 pursuant to article 2-B of the executive law or is necessary in order to
 carry out an order issued by the governor pursuant to such article; or
   (b) such action or type of action is in connection with a matter under
 the jurisdiction of the family court.
   2. Notwithstanding any provision of law to the contrary, prior to  the
 later  of  April  1,  2021 or six months following the conclusion of the
 state disaster emergency declared pursuant to executive  order  202,  no
 sheriff  shall take action with respect to the taking and restitution of
 property or the execution of a money judgment unless:
   (a) such action or type of action has been  ordered  by  the  governor
 pursuant to article 2-B of the executive law or is necessary in order to
 carry out an order issued by the governor pursuant to such article;
   (b) such action or type of action is in connection with a matter under
 the jurisdiction of the family court; or
   (c)  the  party  against  whom  such  taking  and  restitution or such
 execution is sought has been provided a reasonable opportunity  to  show
 the court having jurisdiction over the matter that such party suffered a
 substantial  loss  of income because of novel coronavirus, COVID-19, and
 such court has found that such party has not suffered such a loss or has
 effectively waived such opportunity.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16366-01-0

 A. 10496                            2
 
   3. For the purposes of subdivision 2 of  this  section,  a  party  has
 suffered a substantial loss of income because of COVID-19 in the follow-
 ing instances:
   (a)  The  party  is a natural person and between March 7, 2020 and the
 conclusion of the state disaster emergency declared pursuant  to  execu-
 tive  order  202,  inclusive, experienced two or more weeks in which (i)
 the person claimed federal or state unemployment insurance  benefits  in
 connection with a claim that was filed on or after March 7, 2020 or (ii)
 the  person  worked  fewer  than  three  days  and earned less than $504
 because of one or more of the following situations:
   (1) the person was diagnosed with COVID-19 or was  experiencing  symp-
 toms of COVID-19 and seeking a medical diagnosis;
   (2) a member of the person's household was diagnosed with COVID-19;
   (3)  the  person was providing care for a family member or a member of
 the person's household who was diagnosed with COVID-19;
   (4) a member of the person's household for whom the person had primary
 caregiving responsibility was unable to attend school or another facili-
 ty that was closed as a direct result of the  state  disaster  emergency
 declared  pursuant  to  executive  order 202 and such school or facility
 care was required for the person to work;
   (5) the person was unable to reach the person's  place  of  employment
 because of a quarantine imposed as a direct result of the state disaster
 emergency declared pursuant to executive order 202;
   (6)  the  person  was unable to reach the person's place of employment
 because the person had been advised by a health care provider  to  self-
 quarantine due to concerns related to COVID-19;
   (7) the person was scheduled to commence employment and did not have a
 job  or  was  unable  to  reach  the job as a direct result of the state
 disaster emergency declared pursuant to executive order 202;
   (8) the person became the breadwinner or major supporter for a  house-
 hold  because  the  head  of  the  household  died as a direct result of
 COVID-19;
   (9) the person quit a job as a direct result of COVID-19; or
   (10) the person's place of employment is closed as a direct result  of
 the state disaster emergency declared pursuant to executive order 202;
   (b)  The  party is a business and (i) it was subject to seating, occu-
 pancy or on-premises service limitations pursuant to an executive  order
 issued  by  the  governor  during  the state disaster emergency declared
 pursuant to executive order 202 or (ii) its revenues for any three-month
 period between March 7, 2020 and the conclusion of  the  state  disaster
 emergency declared pursuant to executive order 202, inclusive, were less
 than 50% of its revenues for the same period in 2019 or less than 50% of
 its  aggregate  revenues  for the months of December 2019, January 2020,
 and February 2020; or
   (c) The party is a natural person who is being held liable for a  debt
 or  other  obligation  of  a business that satisfies the requirements of
 paragraph (b) of this subdivision.
   § 2. This act shall take effect immediately.