S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6820
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2021
                                ___________
 
 Introduced  by  M.  of  A.  REYES, OTIS -- read once and referred to the
   Committee on Codes
 
 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, 2021 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, 2022 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00144-01-1
              

 A. 6820                             2
 
 such court has found that such party has not suffered such a loss or has
 effectively waived such opportunity.
   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.