NY State Senate Bill 2019-S8455A

Senate Bill S8455A

2019-2020 Legislative Session

Relates to ceasing the taking and restitution of property and the execution of money judgments by a sheriff due to the impacts of COVID-19

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2020	print number 8455a
Jun 04, 2020	amend (t) and recommit to judiciary
Jun 03, 2020	referred to judiciary

Bill Amendments

Original

A (Active)

2019-S8455 - Details

See Assembly Version of this Bill:: A10496
Current Committee:: Senate Judiciary
Law Section:: Executive
Versions Introduced in 2021-2022 Legislative Session:: S1585, A6820

2019-S8455 - Summary

Provides that no sheriff shall take action with respect to the execution of a money judgment until the conclusion of the state disaster emergency declared pursuant to executive order 202, and then not for an additional six months for parties who suffered a substantial loss of income due to COVID-19.

2019-S8455 - Sponsor Memo

                                
 
BILL NUMBER: S8455

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE:

To protect people and businesses impacted by COVID-19 from debt
collection and eviction, during this crisis.

 
SUMMARY OF PROVISIONS:

Section 1, Subsection 1 establishes that no sheriff in New York State
shall act with respect to the taking and restitution of property or the
execution of a money judgement prior to September 30th, 2020, or the
conclusion of Executive Order 2020 unless ordered by the Governor or the
action-is under the jurisdiction of the Family Court.

Subsection 2 establishes that no sheriff in New York State shall act
with respect to the taking and restitution of property or the execution
of a money judgement prior to April 1st, 2021,six months after the state
of emergency order declared in Executive Order 202 is declared, unless
the action has been ordered by the Governor, the matter is under the
jurisdiction of the Family Court, and the party has not been able to
prove that they were impacted by COVID-19.

Subsection 3 states that parties need to have been impacted by COVID-19,
must have a substantial loss of income, spent two or more weeks on state
or federal unemployment assistance, or worked-less than three days due
to the following: the person had COVID-19 or symptoms and sought medical
attention, a household member was diagnosed with COVID-19, a person in
the household who was in their care was unable to attend school due to a
state of emergency, was unable to reach their job due to the stay at
home order, unable to reach the place of employment due to the advice of
a medical professional to self-quarantine, became the breadwinner due to
the death of the head of household due to COVID-19, and other reasons
specified. Also, businesses are protected under this order, if they were
subject to limitations to the stay at home order, saw a loss of business
at the rate of 50 percent to the three-month period of 2019 during the
crisis.

Section 2 establishes the effective date.

 
JUSTIFICATION:

During COVID-19 outbreak, employees and small business owners have been
left without pay, due to state and local restrictions on non-essential
businesses. Workers, their families, and the economy have lost critical
funding. As recently established federal programs have not offered
Substantial relief from this crisis and have greatly impacted minority
communities, it is important for the State of New York to identify ways
that they can provide more support to these small business owners and
their employees, especially if that means protecting them from eviction
and debt. collection.

This bill seeks to bar the execution of money judgments and the
taking/restitution of property for the duration of the crisis and for
the post-crisis recovery. This bill will ensure that New Yorkers and the
small businesses that are struggling from this crisis are not exposed to
eviction and debt collection, which can leave them without a home or
without fund to survive for the duration of this crisis.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S8455 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8455
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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

 S. 8455                             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.

2019-S8455A (ACTIVE) - Details

See Assembly Version of this Bill:: A10496
Current Committee:: Senate Judiciary
Law Section:: Executive
Versions Introduced in 2021-2022 Legislative Session:: S1585, A6820

2019-S8455A (ACTIVE) - Summary

2019-S8455A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8455A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act in relation to ceasing the execution of money judgments by a
sheriff due to the impacts of COVID-19

 
PURPOSE:

To protect people and businesses impacted by COVID-19 from debt
collection and eviction, during this crisis.

 
SUMMARY OF PROVISIONS:

Section 1, Subsection 1 establishes that no sheriff in New York State
shall act with respect to the execution of a money judgement prior to
September 30th, 2020, or the conclusion of Executive Order 2020 unless
ordered by the Governor or the-action is under the jurisdiction of the
Family Court.

Subsection 2 establishes that no sheriff in New York State shall act
with respect to the execution of a money judgement prior to April 1st,
2021, six months after the state of emergency order declared in Execu-
tive Order 202 is declared, unless the action has been ordered by the
Governor, the matter is under the jurisdiction of the Family Court, and
the party has not been able to prove that they were impacted by COVID19.

Subsection 3 states that parties need to have been impacted by COVID-19,
must have a substantial loss of income, spent two or more weeks on state
or federal unemployment assistance, or worked less than three days due
to the .following: the person had COVID-19 or symptoms and sought
medical attention, a household member was diagnosed with COVID-19, a
person in the household who was in their care was unable to attend
school due to a state of emergency, was unable to reach their job due to
the stay at home order, unable to reach the place of employment due to
the advice of a. medical professional to self-quarantine, became the
breadwinner due to the death of the head of household due to COVID-19,
and other reasons specified. Also, businesses are protected under this
order, if they were subject to limitations to the stay at home order,
saw a loss of business at the rate of '50 percent to the three-month
period of 2019) during the crisis).

Section 2 establishes the effective date.

 
AMENDED FROM THE PREVIOUS VERSION:

This bill does not contain a provision regarding the taking or execution
of restitution of property, and only speaks to debt collections.

 
JUSTIFICATION:

During COVID-19 outbreak, employees and small business-owners have been
left without pay, due to state and local restrictions on non-essential
businesses. Workers, their families, and the economy have lost critical
funding. As recently established federal programs have not offered
substantial relief from this crisis and have greatly impacted minority
communities, it is important for the State of New York to identify ways
that they can provide more support to these small business owners and
their employees, especially if that means protecting them from eviction
and debt collection.

This bill seeks to bar the execution of money judgments for the duration
of the crisis and for the post-crisis recovery. This bill will ensure
that New Yorkers and the small businesses that.are struggling from this
crisis are net exposed to debt collection, which can leave them without
funds to survive for the duration of this crisis.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S8455A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8455--A
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  in  relation  to  ceasing 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  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 execution of a money judg-
 ment 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.
                                                            LBD16366-03-0

 S. 8455--A                          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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.