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Section 1. This act enacts into law components of legislation relating
to commercial eviction and foreclosure protections, residential eviction
and foreclosure protections and open meetings. Each component is wholly
contained within a Part identified as Parts A through E. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section four of
this act sets forth the general effective date of this act.
§ 2. Legislative intent. The legislature finds and declares all of the
following:
More than two million New Yorkers have been infected by the COVID-19
coronavirus, and the disease has killed more than 55,000 New Yorkers
since March 2020. Measures necessary to contain the pandemic have
brought about widespread economic and societal disruption. Millions of
residents have experienced financial hardship due to such measures,
which closed businesses and schools, and resulted in income losses
across the state.
The state has enacted a series of statutes that the legislature has
found necessary to protect the public health, safety, and general
welfare of the people of New York. These measures include the Tenant
Safe Harbor Act ("TSHA"), the COVID-19 Emergency Eviction and Foreclo-
sure Prevention Act ("CEEFPA"), and COVID-19 Emergency Protect Our Small
Businesses Act ("CEPOSBA").
Even as New York enters a phase of economic recovery, the need for
continued statutory protections and other emergency public health meas-
ures is demonstrated by rates of transmission in the state. Since early
July, cases have risen ten-fold, and 95 percent of the sequenced recent
positives in New York State were the Delta variant.
The evidence that residential eviction protections are effective
public health measures is especially strong. The CDC has repeatedly
found this to be so and has urged states to enact and keep residential
eviction moratoriums in place. A recent peer-reviewed study of state
eviction moratoriums found that "COVID-19 incidence and mortality
increased steadily in states after eviction moratoriums expired, and
were associated with doubling of COVID-19 incidence ... and a five-fold
increase in COVID-19 mortality ... 16 weeks after moratoriums lapsed."
In April 2021, the legislature passed the COVID-19 Emergency Rental
Assistance Program ("CERAP"), funded with $2.6 billion for residential
rent and utility assistance. To date, technical and administrative chal-
lenges, low public awareness of the program, and the slow pace of imple-
mentation have hampered the program's effectiveness in covering the cost
of rent arrears and providing widespread eviction protections.
On August 12, 2021, in the case Chrysafis v. Marks, the U.S. Supreme
Court enjoined the enforcement of CEEFPA's residential eviction morato-
rium, finding that provisions that provided for a tenant to self-certify
financial hardship and delayed a landlord from contesting the certif-
ication violated constitutional rights to due process.
Stabilizing housing and small businesses continues to be to the mutual
benefit of all New Yorkers in that these steps will help the state
address the COVID-19 pandemic, protect public health, and foster a full
and equitable recovery. The legislature is especially cognizant of the
ongoing risks posed by residential evictions stemming from non-payment
of rent during the height of the public health emergency, and its recov-
S. 1 3
ery period, such as the potential to exacerbate the resurgence of
COVID-19, the damage significant numbers of evictions would cause to the
state's economic recovery, and the deleterious social and public health
effects of homelessness and housing instability.
For all of the foregoing reasons it is necessary to modify the resi-
dential eviction moratorium to address the Supreme Court's due process
concern, and to extend and strengthen the protections in the law. In
addition, it is necessary to temporarily alter certain provisions of the
open meetings law to ensure that certain public bodies can hold meetings
and conduct business in a manner that balances public health and safety
precautions with the public's right to observe the proceedings.
PART A
Section 1. Subdivision 3 of section 3 of subpart A of part BB of chap-
ter 56 of the laws of 2021, establishing a COVID-19 emergency rental
assistance program, is amended to read as follows:
3. A. The commissioner shall develop and promulgate a form outlining
the obligations of each municipal corporation that chooses to partic-
ipate in the statewide program. Those municipal corporations who choose
to participate shall remit such form to the office of temporary and
disability assistance within 10 business days from the date of issuance.
At such time that the municipal corporation has affirmed their partic-
ipation, upon receipt of the completed form by the office of temporary
and disability assistance and the director of the budget, and the feder-
al department of the treasury, the municipal corporation shall remit
their allocation of funds to the state in such manner as determined by
the division of the budget. Provided, after the office has acknowledged
receipt of the completed form, residents of such [municipality] MUNICI-
PAL CORPORATION shall be entitled to benefit from funds made available
for this purpose, subject to the continued availability of funds.
B. RESIDENTS OF A MUNICIPAL CORPORATION THAT CHOOSES NOT TO PARTIC-
IPATE IN THE STATEWIDE PROGRAM MAY SUBMIT AN APPLICATION TO THE STATE-
WIDE PROGRAM IF THE MUNICIPAL CORPORATION HAS DISTRIBUTED OR OBLIGATED
ALL OF THE MUNICIPAL CORPORATION'S AVAILABLE FEDERAL EMERGENCY RENTAL
ASSISTANCE FUNDS AS CERTIFIED BY THE CHIEF ELECTED OFFICIAL OF THE
MUNICIPAL CORPORATION AND THE RESIDENT IS OTHERWISE ELIGIBLE FOR THE
STATEWIDE PROGRAM. ANY MUNICIPAL CORPORATION THAT CHOOSES NOT TO
PARTICIPATE IN THE STATEWIDE PROGRAM SHALL NOTIFY ANY APPLICANT FOR
FEDERAL EMERGENCY RENTAL ASSISTANCE FUNDS THAT IS ELIGIBLE FOR SUCH
ASSISTANCE BUT IS DENIED DUE TO LACK OF FUNDS THAT SUCH APPLICANT MAY BE
ELIGIBLE TO APPLY TO THE STATEWIDE PROGRAM AND SHALL PROVIDE SUCH APPLI-
CANT WITH INFORMATION ON HOW TO APPLY TO THE STATEWIDE PROGRAM. IF THE
CHIEF ELECTED OFFICIAL OF A MUNICIPAL CORPORATION CERTIFIES THAT THE
MUNICIPAL CORPORATION HAS DISTRIBUTED OR OBLIGATED ALL OF THE MUNICIPAL
CORPORATION'S AVAILABLE FEDERAL EMERGENCY RENTAL ASSISTANCE FUNDS, THE
MUNICIPAL CORPORATION SHALL PROVIDE INFORMATION ON ITS WEBSITE INFORMING
RESIDENTS THAT THEY MAY BE ELIGIBLE TO APPLY TO THE STATEWIDE PROGRAM
AND SHALL PROVIDE INFORMATION ON ITS WEBSITE ON HOW TO APPLY FOR THE
STATEWIDE PROGRAM.
§ 2. Subdivision 1 of section 6 of subpart A of part BB of chapter 56
of the laws of 2021, establishing a COVID-19 emergency rental assistance
program, is amended to read as follows:
1. As soon as practicable, the commissioner shall make an application
for the program available on the office of temporary and disability
assistance's website. The application shall be available online in
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English, Spanish, Chinese, Russian, Korean, Yiddish, Haitian (French
Creole), Bengali, and, to the extent practicable, other commonly used
languages. The commissioner shall enable application assistance to be
offered via telephone TO LANDLORDS AND TENANTS and make accommodations
for those who are hearing or visually impaired, with referral to a
community based organization as deemed necessary.
§ 3. Paragraph (b) of subdivision 4 of section 6 of subpart A of part
BB of chapter 56 of the laws of 2021, establishing a COVID-19 emergency
rental assistance program, is amended to read as follows:
(b) Any documentation or information provided to the statewide appli-
cation, eligibility worker, hotline or community based organization, or
obtained in the course of administering the emergency rental assistance
program or any other assistance program shall be kept confidential and
shall only be used: (I) for the purposes of determining eligibility, for
program administration, avoiding duplication of assistance, and other
uses consistent with State and federal law; AND (II) BY THE NEW YORK
STATE OFFICE OF COURT ADMINISTRATION SO A COURT MAY DETERMINE WHETHER A
LITIGANT IN A PROCEEDING HAS APPLIED FOR OR BEEN GRANTED ASSISTANCE FROM
THE EMERGENCY RENTAL ASSISTANCE PROGRAM FOR THE PURPOSES OF ENSURING THE
AVAILABILITY FOR THE EVICTION PROTECTIONS PROVIDED BY THIS PART.
§ 4. Section 8 of subpart A of part BB of chapter 56 of the laws of
2021, establishing a COVID-19 emergency rental assistance program, is
amended to read as follows:
§ 8. Restrictions on eviction. [Eviction] EXCEPT AS PROVIDED IN
SECTION NINE-A OF THIS ACT, EVICTION proceedings for a holdover or
expired lease, or non-payment of rent or utilities that would be eligi-
ble for coverage under this program shall not be commenced against a
household who has applied for this program OR ANY LOCAL PROGRAM ADMINIS-
TERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS unless or until
a determination of ineligibility is made. [If such eviction proceedings
are commenced] EXCEPT AS PROVIDED IN SECTION NINE-A OF THIS ACT, IN ANY
PENDING EVICTION PROCEEDING, WHETHER FILED PRIOR TO, ON, OR AFTER THE
EFFECTIVE DATE OF THIS ACT, against a household who HAS APPLIED OR
subsequently applies for benefits under this program OR ANY LOCAL
PROGRAM ADMINISTERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS
TO COVER ALL OR PART OF THE ARREARS CLAIMED BY THE PETITIONER, all
proceedings shall be stayed pending a determination of eligibility.
Evidence of a payment received pursuant to this act OR A LOCAL PROGRAM
ADMINISTERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS may be
presented in such proceeding and create a presumption that the tenant's
or occupant's rent or utility obligation for the time period covered by
the payment has been fully satisfied.
§ 5. Paragraph (d) of subdivision 2 of section 9 of subpart A of part
BB of chapter 56 of the laws of 2021, establishing a COVID-19 emergency
rental assistance program, is amended to read as follows:
(d) Acceptance of payment for rent or rental arrears from this program
OR ANY LOCAL PROGRAM ADMINISTERING FEDERAL EMERGENCY RENTAL ASSISTANCE
PROGRAM FUNDS shall constitute agreement by the recipient landlord or
property owner: (i) that the arrears covered by this payment are satis-
fied and will not be used as the basis for a non-payment eviction; (ii)
to waive any late fees due on any rental arrears paid pursuant to this
program; (iii) to not increase the monthly rent due for the dwelling
unit such that it shall not be greater than the amount that was due at
the time of application to the program for any and all months for which
rental assistance is received and for one year after the first rental
assistance payment is received; (iv) not to evict for reason of expired
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lease or holdover tenancy any household on behalf of whom rental assist-
ance is received for 12 months after the first rental assistance payment
is received, unless the dwelling unit that is the subject of the lease
or rental agreement is located in a building that contains 4 or fewer
units, in which case the landlord may decline to extend the lease or
tenancy if the landlord intends to immediately occupy the unit for the
landlord's personal use as a primary residence or the use of an immedi-
ate family member as a primary residence; and (v) to notify the tenant
of the protections established under this subdivision. PROVIDED, HOWEV-
ER, THAT PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE EXTENT THAT
IT CONFLICTS WITH ANY LEGALLY BINDING AGREEMENT THE RECIPIENT LANDLORD
OR PROPERTY OWNER ENTERED INTO PURSUANT TO A LOCAL PROGRAM ADMINISTERING
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED
THIS PARAGRAPH, OR WHERE THE RECIPIENT LANDLORD OR PROPERTY OWNER
ACCEPTED PAYMENT FROM SUCH LOCAL PROGRAM PRIOR TO THE EFFECTIVE DATE OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS
PARAGRAPH.
§ 6. Subpart A of part BB of chapter 56 of the laws of 2021, estab-
lishing a COVID-19 emergency rental assistance program, is amended by
adding a new section 9-a to read as follows:
§ 9-A. EXPIRED LEASE OR HOLDOVER TENANT. SECTION EIGHT OF THIS ACT
SHALL NOT APPLY, AND A LANDLORD OR PROPERTY OWNER THAT HAS AGREED NOT TO
EVICT A HOUSEHOLD FOR REASON OF EXPIRED LEASE OR HOLDOVER TENANCY PURSU-
ANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION NINE OF THIS ACT MAY
EVICT SUCH HOUSEHOLD, IF A TENANT INTENTIONALLY CAUSES SIGNIFICANT
DAMAGE TO THE PROPERTY OR IS PERSISTENTLY AND UNREASONABLY ENGAGING IN
BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER
TENANTS OR OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS,
PROVIDED:
1. IF AN EVICTION PROCEEDING IS NOT PENDING ON THE EFFECTIVE DATE OF
THIS SECTION, THE PETITIONER SHALL FILE AN AFFIDAVIT UNDER PENALTY OF
PERJURY WITH THE PETITION ATTESTING THAT THE RESPONDENT INTENTIONALLY
CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR IS PERSISTENTLY AND UNREA-
SONABLY ENGAGING IN SUCH BEHAVIOR, WITH A SPECIFIC DESCRIPTION OF THE
BEHAVIOR ALLEGED.
2. IF AN EVICTION PROCEEDING IS PENDING ON THE EFFECTIVE DATE OF THIS
SECTION, BUT THE PETITIONER HAS NOT PREVIOUSLY ALLEGED THAT THE TENANT
INTENTIONALLY CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR PERSISTENTLY
AND UNREASONABLY ENGAGED IN SUCH BEHAVIOR, THE PETITIONER SHALL BE
REQUIRED TO SUBMIT A NEW PETITION WITH SUCH ALLEGATIONS AND COMPLY WITH
ALL NOTICE AND SERVICE REQUIREMENTS UNDER ARTICLE 7 OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW.
3. IF THE COURT HAS AWARDED A JUDGMENT AGAINST A RESPONDENT PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION ON THE BASIS OF OBJECTIONABLE OR
NUISANCE BEHAVIOR, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETHER
THE TENANT IS CONTINUING TO INTENTIONALLY CAUSE SIGNIFICANT DAMAGE TO
THE PROPERTY OR PERSIST IN ENGAGING IN UNREASONABLE BEHAVIOR THAT
SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF OTHER TENANTS OR
OCCUPANTS OR CAUSES A SUBSTANTIAL SAFETY HAZARD TO OTHERS.
4. FOR THE PURPOSES OF THIS SECTION, A MERE ALLEGATION OF THE BEHAVIOR
BY THE PETITIONER OR AN AGENT OF THE PETITIONER ALLEGING SUCH BEHAVIOR
SHALL NOT BE SUFFICIENT EVIDENCE TO ESTABLISH THAT THE TENANT HAS
ENGAGED IN SUCH BEHAVIOR.
5. IF THE PETITIONER FAILS TO ESTABLISH THAT THE TENANT INTENTIONALLY
CAUSED SIGNIFICANT DAMAGE TO THE PROPERTY OR PERSISTENTLY AND UNREASON-
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ABLY ENGAGED IN SUCH BEHAVIOR: (I) IF THE HOUSEHOLD'S APPLICATION IS
STILL PENDING, THE COURT SHALL STAY OR CONTINUE TO STAY ANY FURTHER
PROCEEDINGS PENDING A DETERMINATION OF ELIGIBILITY PURSUANT TO SECTION
EIGHT OF THIS ACT; OR (II) IF THE LANDLORD HAS ACCEPTED PAYMENT OF
RENTAL ARREARS AND AGREED NOT TO EVICT THE TENANT PURSUANT TO PARAGRAPH
(D) OF SUBDIVISION TWO OF SECTION NINE OF THIS ACT, THE COURT SHALL
DISMISS THE PROCEEDING WITH PREJUDICE.
6. IF THE PETITIONER ESTABLISHES THAT THE TENANT INTENTIONALLY CAUSED
SIGNIFICANT DAMAGE TO THE PROPERTY OR PERSISTENTLY AND UNREASONABLY
ENGAGED IN SUCH BEHAVIOR, THE PROCEEDING MAY CONTINUE PURSUANT TO ARTI-
CLE 7 OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
§ 7. Section 11 of subpart A of part BB of chapter 56 of the laws of
2021, establishing a COVID-19 emergency rental assistance program, is
amended to read as follows:
§ 11. Notice to tenants in eviction proceedings. In any eviction
proceeding pending as of the effective date of this article and any
eviction proceeding filed while applications are being accepted for
assistance pursuant to this article OR PURSUANT TO A LOCAL PROGRAM
ADMINISTERING FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAM FUNDS IN THE
JURISDICTION OF THE COURT, the court shall promptly make available to
the respondent information regarding how the respondent may apply for
such assistance in English, and, to the extent practicable, in the
respondent's primary language, if other than English.
§ 8. This act shall take effect immediately.
PART B
Section 1. This Part enacts into law components of legislation relat-
ing to commercial eviction and foreclosure protections. Each component
is wholly contained within a Subpart identified as Subparts A through D.
The effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this Part sets forth the general effective
date of this Part.
SUBPART A
Section 1. Definitions. For the purposes of this act: 1. "Eviction
proceeding" means a summary proceeding to recover possession of real
property under article seven of the real property actions and
proceedings law relating to a commercial unit or any other judicial or
administrative proceeding to recover possession of real property relat-
ing to a commercial unit.
2. "Landlord" includes a landlord, owner of a commercial property and
any other person with a legal right to pursue eviction, possessory
action or a money judgment for rent, including arrears, owed or that
becomes due during the COVID-19 covered period, as defined in section 1
of chapter 127 of the laws of 2020.
3. "Tenant" includes a commercial tenant that is a resident of the
state, independently owned and operated, not dominant in its field and
employs one hundred or fewer persons.
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4. "Hardship declaration" means a. a hardship declaration filed pursu-
ant to chapters 73, 104 or 154 of the laws of 2021, so long as the busi-
ness meets the definition of tenant in subdivision three of this
section, or b. the following statement, or a substantially equivalent
statement in the language in which the commercial lease or tenancy
agreement was written or negotiated, in 14-point type, published by the
office of court administration, whether in physical or electronic writ-
ten form:
"NOTICE TO COMMERCIAL TENANT: If you have lost significant revenue or
had significantly increased necessary costs during the COVID-19 pandem-
ic, and you sign and deliver this hardship declaration form to your
landlord, you may be protected from eviction until at least January 15,
2022 for nonpayment of rent or for holding over after the expiration of
your lease. If your landlord files an eviction against you and you
provide this form to the landlord or the court, the eviction proceedings
will be postponed until January 15, 2022 unless your landlord moves to
challenge your declaration of hardship. If the court finds your hardship
claim valid, the eviction proceedings will be postponed until after
January 15, 2022. While the eviction proceedings are postponed, you may
remain in possession of your unit. You may still be evicted for violat-
ing your lease by intentionally causing significant damage to the prop-
erty or persistently and unreasonably engaging in behavior that substan-
tially infringes on the use and enjoyment of other tenants or occupants
or causes a substantial safety hazard to others.
If your landlord has provided you with this form, your landlord must
also provide you with a mailing address and e-mail address to which you
can return this form. If your landlord has already started an eviction
proceeding against you, you can return this form to either your land-
lord, the court, or both at any time. You should keep a copy or picture
of the signed form for your records. You will still owe any unpaid rent
to your landlord. To the extent you can pay less than the full rent, it
is recommended you do so and keep careful track of what you have paid
and any amount you still owe.
COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
COVID-19 PANDEMIC
I am the owner, chief executive officer, president, or similar officer
of (name of business), in which is a commercial tenant at (address of
commercial unit). My business is resident in New York state, independ-
ently owned and operated, not dominant in its field, and employs one
hundred or fewer persons. My business is experiencing financial hard-
ship, and is unable to pay the rent in full or other financial obli-
gations under the lease in full or obtain an alternative suitable
commercial property because of one or more of the following:
(i) Significant loss of revenue during the COVID-19 pandemic.
(ii) Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business.
(iii) Moving expenses and difficulty in securing an alternative
commercial property make it a hardship for the business to relocate to
another location during the COVID-19 pandemic.
To the extent the business has lost revenue or had increased expenses,
any public assistance the business has received since the start of the
COVID-19 pandemic must not fully make up for the business's loss of
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revenue or increased expenses, and the business still meets the afore-
mentioned eligibility criteria to qualify for a financial hardship.
I understand that the business must comply with all other lawful terms
under its commercial tenancy, lease agreement or similar contract. I
further understand that lawful fees, penalties or interest for not
having paid rent in full or met other financial obligations as required
by the commercial tenancy, lease agreement or similar contract may still
be charged or collected and may result in a monetary judgment. I
further understand that the landlord may request a hearing to challenge
the certification of hardship made herein, and that I will have the
opportunity to participate in any proceedings regarding the tenancy. I
further understand that the landlord may be able to seek eviction after
January 15, 2022, and that the law may provide certain protections at
that time that are separate from those available through this declara-
tion. I understand that I may be eligible to receive financial assist-
ance from the State of New York under the Pandemic Small Business Recov-
ery Grant Program or similar relief program, and that I may visit
https://esd.ny.gov/business-pandemic-recovery-initiative to receive
additional information or call 877-721-0097 for assistance.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
5. "Hardship" means a business is unable to pay the rent in full
or other financial obligations under the lease in full or obtain an
alternative suitable commercial property because of one or more of the
following reasons and any public assistance the business has received
since the start of the COVID-19 pandemic has not fully made up
for the business's loss of revenue or increased expenses:
a. Significant loss of revenue during the COVID-19 pandemic; or
b. Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business; or
c. Moving expenses and difficulty in securing an alternative commer-
cial property make it a hardship for the business to relocate to another
location during the COVID-19 pandemic.
§ 2. No commercial tenant shall be removed from the possession prior
to January 15, 2022, except by an eviction proceeding.
§ 3. Pre-eviction notices. A landlord shall include a "Hardship Decla-
ration" with every written notice required by the commercial lease or
tenancy agreement, law or rule to be provided prior to the commencement
of an eviction proceeding, and with every notice of petition or summons
and complaint served on a tenant. Such notice shall also include a
mailing address, telephone number and active email address the tenant
can use to contact the landlord and return the hardship declaration.
§ 4. Required affidavit. 1. No court shall accept for filing any peti-
tion or other filing to commence an eviction proceeding unless the peti-
tioner or plaintiff or an agent of the petitioner or plaintiff files an
affidavit of service, under penalty of perjury, demonstrating the manner
in which the petitioner or plaintiff or the petitioner's or plaintiff's
S. 1 9
agent served a copy of the hardship declaration in English and the
language in which the commercial lease or tenancy agreement was written
or negotiated, if other than English, with any written notice required
by the commercial lease or tenancy agreement, law or rule to be provided
prior to the commencement of an eviction proceeding, and an affidavit
under penalty of perjury:
a. attesting that, at the time of filing, neither the petitioner or
plaintiff nor any agent of the petitioner or plaintiff has received a
hardship declaration from the respondent, or
b. attesting that the respondent or defendant has returned a hardship
declaration, but the respondent or defendant is intentionally causing
significant damage to the property or persistently and unreasonably
engaging in behavior that substantially infringes on the use and enjoy-
ment of other tenants or occupants or causes a substantial safety hazard
to others, with a specific description of the behavior alleged, or
c. attesting that the respondent or defendant has returned a hardship
declaration, but the petitioner or plaintiff believes in good faith that
the hardship certified in the hardship declaration does not exist.
2. Upon accepting a petition or complaint, the attorney, judge or
clerk of the court, as the case may be, shall determine whether a copy
of the hardship declaration in English and the language in which the
commercial lease or tenancy agreement was written or negotiated, if
other than English, and a copy of any affidavit filed pursuant to subdi-
vision 1 of this section is annexed to the served notice of petition or
summons and complaint and, if not, shall ensure that a copy of the hard-
ship declaration and any such affidavit is attached to such notice or
summons. If the petitioner submits an affidavit pursuant to paragraph c
of subdivision 1 of this section, the following notice, in at least
fourteen-point type, shall also be annexed as a cover page to the notice
of petition or summons:
"NOTICE TO TENANT: THIS IS A PETITION TO COMMENCE AN EVICTION PROCEED-
ING AGAINST YOU, BUT THE PROCEEDING WILL NOT CONTINUE UNTIL AT LEAST
JANUARY 15, 2022, UNLESS YOUR LANDLORD MOVES TO CHALLENGE YOUR CLAIM OF
AN EXEMPTION FROM EVICTION IN YOUR HARDSHIP DECLARATION FORM.
IF YOUR LANDLORD MOVES TO CHALLENGE YOUR HARDSHIP CLAIM, YOU ARE ENTI-
TLED TO A HEARING. IF THE COURT RULES YOUR HARDSHIP CLAIM INVALID AFTER
THE HEARING, THE LAWSUIT MAY PROCEED TOWARD POSSIBLE EVICTION, BUT
UNLESS AND UNTIL THE COURT ISSUES AN EVICTION WARRANT AGAINST YOU, YOU
ARE ENTITLED TO REMAIN IN POSSESSION OF YOUR UNIT."
At the earliest possible opportunity, the court shall seek confirma-
tion on the record or in writing from the respondent or defendant that
the respondent or defendant has received the hardship declaration and
whether the respondent or defendant has submitted a hardship declaration
to the petitioner or plaintiff, an agent of the petitioner or plaintiff,
or the court. If the court determines a respondent or defendant has not
received a hardship declaration, then the court shall stay the proceed-
ing for a reasonable period of time, which shall be no less than ten
business days or any longer period provided by law, and provide the
respondent or defendant with a copy of the hardship declaration in
English and, to the extent practicable, the language in which the
commercial lease or tenancy agreement was written or negotiated, if
other than English, to ensure the respondent or defendant received and
fully considered whether to submit the hardship declaration.
§ 5. Pending proceedings. In any eviction proceeding in which an
eviction warrant or judgment of possession or ejectment has not been
issued, including eviction proceedings filed on or before March 7, 2020,
S. 1 10
if the tenant provides a hardship declaration to the petitioner or
plaintiff, the court, or an agent of the petitioner or plaintiff or the
court, the eviction proceeding shall be stayed until at least January
15, 2022. If such hardship declaration is provided to the petitioner or
plaintiff or agent, such petitioner or plaintiff or agent shall promptly
file it with the court, advising the court in writing the index number
of all relevant cases.
§ 6. Post warrant of eviction. 1. a. In any eviction proceeding in
which an eviction warrant or judgment of possession or ejectment has
been issued prior to the effective date of this act, but has not yet
been executed as of the effective date of this act, including eviction
proceedings filed on or before March 7, 2020, the court shall stay the
execution of the warrant or judgment at least until the court has held a
status conference with the parties. b. In any eviction proceeding, if
the tenant provides a hardship declaration to the petitioner or plain-
tiff, the court, or an agent of the petitioner or plaintiff or the
court, prior to the execution of the warrant or judgment, the execution
shall be stayed until at least January 15, 2022. If such hardship decla-
ration is provided to the petitioner or plaintiff or agent of the peti-
tioner or plaintiff, such petitioner or plaintiff or agent shall prompt-
ly file it with the court, advising the court in writing the index
number of all relevant cases.
2. In any eviction proceeding in which a warrant or execution has been
issued, including eviction proceedings filed on or before March 7, 2020,
any warrant or execution issued shall not be effective as against the
occupants, unless, in addition to other requirements under law, such
warrant or execution states:
a. The tenant has not submitted the hardship declaration and the
tenant was properly served with a copy of the hardship declaration
pursuant to this section, listing dates the tenant was served with the
hardship declaration by the petitioner or plaintiff and the court; or
b. The tenant is ineligible for a stay under this act because the
court has found the tenant's hardship claim invalid, or that the tenant
intentionally caused significant damage to the property, or the tenant
is persistently and unreasonably engaging in behavior that substantially
infringes on the use and enjoyment of other tenants or occupants or
causes a substantial safety hazard to others, with a specific
description of the behavior.
3. No court shall issue a warrant or execution directed to the sheriff
of the county or to any constable or marshal of the city in which the
property, or a portion thereof, is situated, or, if it is not situated
in a city, to any constable of any town in the county, that does not
comply with the requirements of this section.
4. No officer to whom the warrant or execution is directed shall
execute a warrant for eviction issued that does not comply with the
requirements of this section.
5. Unless the warrant or execution contains the information contained
in paragraph b of subdivision 2 of this section, if any tenant delivers
the hardship declaration to the officer to whom the warrant or execution
is directed, the officer shall not execute the warrant or execution and
shall return the hardship form to the court indicating the appropriate
index/case number the form is associated with.
§ 7. Section five and paragraph b of subdivision 1 of section six of
this act shall not apply if the tenant: 1. intentionally caused signif-
icant damage to the property; or
S. 1 11
2. is persistently and unreasonably engaging in behavior that substan-
tially infringes on the use and enjoyment of other tenants or occupants
or causes a substantial safety hazard to others, provided:
a. If an eviction proceeding is pending on the effective date of this
act, but the petitioner or plaintiff has not previously alleged that the
tenant intentionally caused a significant damage to the property or
persistently and unreasonably engaged in such behavior, the petitioner
or plaintiff shall be required to submit a new petition or an amended
complaint with such allegations and comply with all notice and service
requirements under law.
b. (i) If the court has awarded a judgment against a respondent or
defendant prior to the effective date of this act on the basis of objec-
tionable or nuisance behavior and the petitioner or plaintiff is alleg-
ing the tenant caused significant damage to the property, the court
shall hold a hearing to determine whether the tenant is continuing to
intentionally cause significant damage to the property.
(ii) If the court has awarded a judgment against a respondent or
defendant prior to the effective date of chapter 73 of the laws of 2021
on the basis of objectionable or nuisance behavior and the petitioner or
plaintiff is alleging the tenant is persistently engaging in unreason-
able behavior that substantially infringes on the use and enjoyment of
other tenants or occupants or causes a substantial safety hazard to
others, the court shall hold a hearing to determine whether the tenant
is continuing to persist in engaging in unreasonable behavior that
substantially infringes on the use and enjoyment of other tenants or
occupants or causes a substantial safety hazard to others.
c. For the purposes of this act, a mere allegation of the behavior by
the petitioner or plaintiff or an agent of the petitioner or plaintiff
alleging such behavior shall not be sufficient evidence to establish
that the tenant has engaged in such behavior.
d. If the petitioner or plaintiff establishes that the tenant inten-
tionally caused significant damage to the property, persistently and
unreasonably engaged in such behavior, or the tenant fails to provide a
hardship declaration to the petitioner or plaintiff, petitioner's or
plaintiff's agent or the court, the proceeding may continue pursuant to
law.
§ 8. Translation of hardship declaration. The office of court adminis-
tration shall translate the hardship declaration, as defined in section
one of this act, into Spanish and, to the extent practicable, the six
most common languages in the city of New York, after Spanish, and shall
post and maintain such translations and an English language copy of the
hardship declaration on the website of such office beginning within
fifteen days of the effective date of this act. To the extent practica-
ble, the office of court administration shall post and maintain on its
website translations into such additional languages as the chief admin-
istrative judge shall deem appropriate to ensure that tenants have an
opportunity to understand and submit hardship declarations pursuant to
this act.
§ 9. Rebuttable presumption. Unless a court determines a tenant's
hardship claim invalid pursuant to section ten of this act, a hardship
declaration shall create a rebuttable presumption that the tenant is
experiencing financial hardship, in any judicial or administrative
proceeding that may be brought, for the purposes of establishing a
defense under an executive order of the governor or any other local or
state law, order or regulation restricting the eviction of a tenant
suffering from a financial hardship during or due to COVID-19 provided
S. 1 12
that the absence of a hardship declaration shall not create a presump-
tion that a financial hardship is not present.
§ 10. 1. Notwithstanding any other provision of this act, a stay
under this part shall be granted or continued unless the court finds the
respondent's or defendant's hardship claim invalid. A motion may be
made by the petitioner or plaintiff, attesting a good faith belief that
the respondent or defendant has not experienced a hardship, with notice
to the respondent or defendant, and the court shall grant a hearing to
determine whether to find the respondent's or defendant's hardship claim
invalid.
2. After any hearing, if the court finds the respondent's or the
defendant's hardship claim valid, the court shall grant a stay or
continue a stay pursuant to this act.
3. After a hearing, if the court finds the respondent's or the defend-
ant's hardship claim invalid, the proceedings shall continue to a deter-
mination on the merits.
§ 11. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight and ten of this act shall expire
and be deemed repealed January 15, 2022.
SUBPART B
Section 1. Application. This section shall apply to any action to
foreclose a mortgage relating to commercial real property, provided the
owner or mortgagor of such property owns ten or fewer commercial units
whether directly or indirectly and is a business that is resident in New
York State, independently owned and operated, not dominant in its field,
and employs one hundred or fewer persons. The ten or fewer commercial
units may be in more than one property or building as long as the total
aggregate number of ten units are currently occupied by a tenant or are
available for rent.
Notwithstanding anything to the contrary, this act shall not apply to,
and does not affect any mortgage loans made, insured, purchased or secu-
ritized by a corporate governmental agency of the state constituted as a
political subdivision and public benefit corporation, or the rights and
obligations of any lender, issuer, servicer or trustee of such obli-
gations.
§ 2. Definitions. 1. For the purposes of this act, "Hardship Declara-
tion" means a. a hardship declaration filed pursuant to chapters 73, 104
or 154 of the laws of 2021, or b. the following statement in 14-point
type, published by the office of court administration, whether in phys-
ical or electronic written form:
"NOTICE TO COMMERCIAL MORTGAGOR: If you have lost significant revenue
or had significantly increased necessary costs during the COVID-19
pandemic, and you sign and deliver this hardship declaration form to
your mortgage lender or other foreclosing party, you may be protected
from foreclosure until at least January 15, 2022. If a foreclosure
action is filed against you and you provide this form to the plaintiff
or the court, the action will be postponed until January 15, 2022 unless
the plaintiff moves to challenge your declaration of hardship. If the
court finds your hardship claim valid, the foreclosure action will be
postponed until after January 15, 2022. While the action is postponed,
you may remain in possession.
If your mortgage lender or other foreclosing party provided you with
this form, the mortgage lender or other foreclosing party must also
provide you with a mailing address and e-mail address to which you can
S. 1 13
return this form. If you are already in foreclosure proceedings, you may
return this form to the court. You should keep a copy or picture of the
signed form for your records. You will still owe any unpaid mortgage
payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe.
COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
I am the owner, chief executive officer, president, or similar officer
of (name of the business), which is the mortgagor of the property at
(address of commercial unit). My business owns, whether directly or
indirectly, ten or fewer commercial units. My business is resident in
New York State, independently owned and operated, not dominant in its
field, and employs one hundred or fewer persons. My business is experi-
encing financial hardship and is unable to pay the mortgage in full
because of one or more of the following:
(i) Significant loss of revenue during the COVID-19 pandemic.
(ii) Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business.
(iii) Moving expenses and difficulty in securing an alternative
commercial property make it a hardship for the business to relocate to
another property during the COVID-19 pandemic.
(iv) One or more of the business's tenants has defaulted on a signif-
icant amount of their rent payments since March 1, 2020.
To the extent that the business has lost revenue or had increased
expenses, any public assistance the business has received since the
start of the COVID-19 pandemic does not fully make up for the business's
loss of revenue or increased expenses.
I understand that the business must comply with all other lawful terms
under my commercial mortgage agreement. I further understand that lawful
fees, penalties or interest for not having paid the mortgage in full as
required by the commercial mortgage agreement may still be charged or
collected and may result in a monetary judgment. I further understand
that the mortgage lender or other foreclosing party may request a hear-
ing to challenge the certification of hardship made herein, and that I
will have the opportunity to participate in any actions or proceedings
regarding the mortgage interest. I also understand that the mortgage
lender or other foreclosing party may pursue a foreclosure action
against the business on or after January 15, 2022, if I do not fully
repay any missed or partial payments and lawful fees. I understand that
I may be eligible to receive financial assistance from the State of New
York under the Pandemic Small Business Recovery Grant Program or similar
relief program, and that I may visit https://esd.ny.gov/business-
pandemic-recovery-initiative to receive additional information or call
877-721-0097 for assistance.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
2. "Hardship" means a business is unable to pay the mortgage in full
because of one or more of the following reasons and any public assist-
ance the business has received since the start of the COVID-19 pandem-
ic does not fully make up for the business's loss of revenue or
increased expenses:
S. 1 14
a. Significant loss of revenue during the COVID-19 pandemic; or
b. Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business; or
c. Moving expenses and difficulty in securing an alternative commer-
cial property make it a hardship for the business to relocate to another
property during the COVID-19 pandemic; or
d. One or more of the business's tenants has defaulted on a signif-
icant amount of their rent payments since March 1, 2020.
§ 3. The foreclosing party shall include a "Hardship Declaration" with
every notice required provided to a mortgagor prior to filing an action
for foreclosure. Such notice shall also include a mailing address, tele-
phone number and active email address the mortgagor can use to contact
the foreclosing party and return the hardship declaration.
§ 4. No court shall accept for filing any action to foreclose a mort-
gage unless the foreclosing party or an agent of the foreclosing party
files an affidavit, under penalty of perjury:
1. of service demonstrating the manner in which the foreclosing
party's agent served a copy of the hardship declaration with required
notices, if any, provided to the mortgagor, and
2. a. attesting that, at the time of filing, neither the foreclosing
party nor any agent of the foreclosing party has received a hardship
declaration from the mortgagor; or
b. attesting that at the time of filing, the foreclosing party or an
agent of the foreclosing party has received a hardship declaration from
the mortgagor, but the foreclosing party believes in good faith that the
hardship certified in the hardship declaration does not exist.
At the earliest possible opportunity, the court shall seek confirma-
tion on the record or in writing that the mortgagor has received a copy
of the hardship declaration and whether the mortgagor has returned the
hardship declaration to the foreclosing party or an agent of the fore-
closing party. If the court determines a mortgagor has not received a
hardship declaration, then the court shall stay the proceeding for a
reasonable period of time, which shall be no less than ten business days
or any longer period provided by law, to ensure the mortgagor received
and fully considered whether to submit the hardship declaration.
§ 5. In any action to foreclose a mortgage in which a judgment of sale
has not been issued, including actions filed on or before March 7, 2020,
if the mortgagor provides a hardship declaration to the foreclosing
party, the court, or an agent of the foreclosing party or the court, the
proceeding shall be stayed until at least January 15, 2022. If such
hardship declaration is provided to the foreclosing party or agent of
the foreclosing party, such foreclosing party or agent shall promptly
file it with the court, advising the court in writing the index number
of all relevant cases.
§ 6. In any action to foreclose a mortgage in which a judgment of sale
has been issued prior to the effective date of this act but has not yet
been executed as of the effective date of this act, including actions
filed on or before March 7, 2020, the court shall stay the execution of
the judgment at least until the court has held a status conference with
the parties. In any action to foreclose a mortgage, if the mortgagor
provides a hardship declaration to the foreclosing party, the court, or
an agent of the foreclosing party or the court, prior to the execution
of the judgment, the execution shall be stayed until at least January
15, 2022. If such hardship declaration is provided to the foreclosing
S. 1 15
party or agent of the foreclosing party, such foreclosing party or agent
shall promptly file it with the court, advising the court in writing the
index number of all relevant cases.
§ 7. The office of court administration shall post and maintain a copy
of the hardship declaration on the website of such office beginning
within fifteen days of the effective date of this act.
§ 8. Unless a court determines a mortgator's hardship claim invalid
pursuant to section nine of this act, a hardship declaration shall
create a rebuttable presumption that the mortgagor is suffering finan-
cial hardship, in any judicial or administrative proceeding that may be
brought, for the purposes of establishing a defense under an executive
order of the governor or any other local or state law, order or regu-
lation restricting actions to foreclose a mortgage against a mortgagor
suffering from a financial hardship during or due to the COVID-19
pandemic provided that the absence of a hardship declaration shall not
create a presumption that a financial hardship is not present.
§ 9. 1. Notwithstanding any other provision of this act, a stay under
this part shall be granted or continued unless the court finds the
defendant's hardship claim invalid. A motion may be made by the plain-
tiff, attesting a good faith belief that the defendant has not experi-
enced a hardship, with notice to the defendant, and the court shall
grant a hearing to determine whether to find the defendant's hardship
claim invalid.
2. After any hearing, if the court finds the defendant's hardship
claim valid, the court shall grant or continue a stay pursuant to this
act.
3. After a hearing, if the court finds the defendant's hardship claim
invalid, the action shall continue to a determination on the merits.
§ 10. This act shall take effect immediately and sections one, two,
three, four, five, six, seven and nine of this act shall expire and be
deemed repealed January 15, 2022.
SUBPART C
Section 1. Application. This act shall apply to any action to fore-
close on delinquent taxes or sell a tax lien relating to commercial real
property, provided the owner or mortgagor of such property owns ten or
fewer commercial units whether directly or indirectly and is a business
that is resident in New York State, independently owned and operated,
not dominant in its field, and employs one hundred or fewer persons. The
ten or fewer commercial units may be in more than one property or build-
ing as long as the units are currently occupied by a tenant or are
available for rent.
§ 2. Definitions. For purposes of this act: 1. "Tax lien" means an
unpaid tax, special ad valorem levy, special assessment or other charge
imposed upon real property by or on behalf of a municipal corporation or
special district or other public or private entity which is an encum-
brance on real property, whether or not evidenced by a written instru-
ment.
2. "Tax foreclosure and tax lien sale" shall mean any such tax lien
sale or tax foreclosure pursuant to article 11 of the real property tax
law, or any general, special or local law related to real property tax
lien sales or real property tax foreclosures.
3. "Hardship Declaration" means a. a hardship declaration filed pursu-
ant to chapters 73, 104 or 154 of the laws of 2021, or b. the following
S. 1 16
statement in 14-point type, whether in physical or electronic written
form:
"COMMERCIAL OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
I am the owner, chief executive officer, president, or similar officer
of (name of the business), which is the owner of the commercial property
at (address). My business owns, whether directly or indirectly, ten or
fewer commercial units. My business is resident in New York State,
independently owned and operated, not dominant in its field, and employs
one hundred or fewer persons. My business is experiencing financial
hardship, and is unable to pay its full tax bill because of one or more
of the following:
(i) Significant loss of revenue during the COVID-19 pandemic.
(ii) Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business.
(iii) Moving expenses and difficulty in securing an alternative
commercial property make it a hardship for the business to relocate to
another property during the COVID-19 pandemic.
(iv) One or more of the business's tenants has defaulted on a signif-
icant amount of their rent payments since March 1, 2020.
To the extent that the business has lost revenue or had increased
expenses, any public assistance that the business has received since the
start of the COVID-19 pandemic must not fully make up for the loss of
revenue or increased expenses, and the business still meets the afore-
mentioned eligibility criteria to qualify for a financial hardship.
I understand that lawful fees, penalties or interest for not having
paid the business's taxes in full may still be charged or collected and
may result in a foreclosure action against the business on or after
January 15, 2022, if the business does not fully repay any missed or
partial payments and fees.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
4. "Hardship" means a business is unable to pay the full tax bill
because of one or more of the following reasons and any public assist-
ance the business has received since the start of the COVID-19 pandemic
does not fully make up for the business's loss of revenue or increased
expenses:
a. Significant loss of revenue during the COVID-19 pandemic; or
b. Significant increase in necessary expenses related to providing
personal protective equipment to employees or purchasing and installing
other protective equipment to prevent the transmission of COVID-19 with-
in the business; or
c. Moving expenses and difficulty in securing an alternative commer-
cial property make it a hardship for the business to relocate to another
property during the COVID-19 pandemic; or
d. One or more of the business's tenants has defaulted on a signif-
icant amount of their rent payments since March 1, 2020.
§ 3. 1. A commercial real property owner may submit a "Hardship Decla-
ration" to any village, town, city, school district, county, or other
entity or person which conducts tax foreclosures or tax lien sales.
S. 1 17
2. At least thirty days prior to the date on which a sale of a tax
lien is scheduled to occur, or upon the filing of a petition of foreclo-
sure of a tax lien, the enforcing officer or other person or entity
conducting such tax lien sale or tax foreclosure shall notify the owner
of the affected property of such owner's rights under this act and shall
notify the owner that a copy of the hardship declaration can be accessed
on the New York State Department of Tax and Finance's website and also
provide a link to such declaration form. For the purposes of this act,
"enforcing officer" shall have the same meaning as defined in subdivi-
sion 3 of section 1102 of the real property tax law. The New York State
Department of Tax and Finance shall publish a copy of the hardship
declaration on its website.
3. The submission of such a declaration, unless withdrawn by the
owner, shall act as a temporary stay applicable to all entities and
persons of all such tax lien sales and tax foreclosure actions and
proceedings against such owner for such property that have been
commenced or could have been commenced before January 15, 2022.
4. While such stay is in effect, no other action or proceeding shall
be commenced to recover any part of such delinquent taxes.
5. Any applicable statutes of limitation for the commencement of any
action or proceeding to sell a tax lien or foreclose a tax lien is
tolled until such stay has expired. The obligation to pay the balance of
such delinquent taxes is not rendered invalid, released or extinguished
by such stay.
6. Unless a court determines an owner's hardship claim invalid pursu-
ant to subdivision seven of this section, a hardship declaration shall
create a rebuttable presumption that the owner is experiencing financial
hardship, in any judicial or administrative proceeding that may be
brought, for the purposes of establishing a defense under an executive
order of the governor or any other local or state law, order or regu-
lation restricting actions to sell a tax lien or foreclose a tax lien
against an owner suffering from a financial hardship during or due to
the COVID-19 pandemic, provided that the absence of a hardship decla-
ration shall not create a presumption that a financial hardship is not
present.
7. a. Notwithstanding any other provision of this act, a stay under
this part shall be granted or continued unless the court finds the
defendant's hardship claim invalid. A motion may be made by the plain-
tiff, if the plaintiff is not a governmental entity, attesting a good
faith belief that the defendant has not experienced a hardship, with
notice to the defendant, and the court shall grant a hearing to deter-
mine whether to find the defendant's hardship claim invalid.
b. After any hearing, if the court finds the defendant's hardship
claim valid, the court shall grant a stay or continue a stay pursuant to
this act.
c. After a hearing, if the court finds the defendant's hardship claim
invalid, the action shall continue to a determination on the merits.
§ 4. This act shall take effect immediately and sections one and two
and subdivisions 1, 2, 3, 4, 5 and 7 of section three of this act shall
expire and be deemed repealed January 15, 2022.
SUBPART D
Section 1. Application. 1. This act shall apply to an owner of commer-
cial real property, provided the owner or mortgagor of such property
owns ten or fewer commercial units whether directly or indirectly and is
S. 1 18
a business that is resident in New York State, independently owned and
operated, not dominant in its field, and employs one hundred or fewer
persons. The ten or fewer commercial units may be in more than one prop-
erty or building as long as the total aggregate number of ten units are
currently occupied by a tenant or are available for rent.
2. Hardship declaration. For purposes of this act, "hardship declara-
tion" shall mean a. a hardship declaration filed pursuant to chapters
73, 104 or 154 of the laws of 2021, or b. the following statement in
14-point type, whether in physical or electronic written form, and the
department of financial services shall publish a copy of the hardship
declaration on its website:
"NOTICE TO COMMERCIAL OWNER/MORTGAGOR: If you have lost significant
revenue or had significantly increased necessary costs due to the
COVID-19 pandemic, and you sign and deliver this hardship declaration
form to your lending institution, you cannot be discriminated against in
the determination of whether credit should be extended or reported nega-
tively to a credit reporting agency until at least January 15, 2022.
If a lending institution provided you with this form, the lending
institution must also provide you with a mailing address and e-mail
address to which you can return this form. You should keep a copy or
picture of the signed form for your records.
COMMERCIAL OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
I am the owner, chief executive officer, president, or similar officer
of (name of the business), which is the OWNER/MORTGAGOR of the property
at (address of commercial unit). My business owns, whether directly or
indirectly, ten or fewer commercial units. My business is resident in
New York State, independently owned and operated, not dominant in its
field, and employs one hundred or fewer persons. My business is experi-
encing financial hardship, and is unable to pay the mortgage in full
because of one or more of the following:
(i) Significant loss of revenue during the COVID-19 pandemic.
(ii) Significant increase in necessary out-of-pocket expenses related
to providing personal protective equipment to employees or purchasing
and installing other protective equipment to prevent the transmission of
COVID-19 within the business.
(iii) Moving expenses and difficulty in securing an alternative
commercial property make it a hardship for the business to relocate to
another commercial property during the COVID-19 pandemic.
(iv) One or more of my tenants has defaulted on a significant amount
of their rent payments since March 1, 2020.
To the extent that the business has lost revenue or had increased
expenses, any public assistance that the business has received since the
start of the COVID-19 pandemic must not fully make up for the loss of
revenue or increased expenses, and the business still meets the afore-
mentioned eligibility criteria to qualify for a financial hardship.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
3. Discrimination in credit decisions. Notwithstanding any law to the
contrary, lending institutions shall not discriminate in the determi-
nation of whether credit should be extended to any owner of commercial
real property as defined in subdivision one of this section because, as
provided for in this act, such owner has been granted a stay of mortgage
S. 1 19
foreclosure proceedings, tax foreclosure proceedings or of tax lien
sales, or that an owner of commercial real property as defined in subdi-
vision one of this section is currently in arrears and has filed a hard-
ship declaration with such lender.
4. Prohibition on negative credit reporting. Notwithstanding any law
to the contrary, as provided for in this act, the granting of a stay of
mortgage foreclosure proceedings, tax foreclosure proceedings or tax
lien sales, or that an owner of commercial real property as defined in
subdivision one of this section is currently in arrears and has filed a
hardship declaration with their lender shall not be negatively reported
to any credit reporting agency.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 15, 2022.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
PART C
Section 1. This Part enacts into law components of legislation relat-
ing to residential eviction and foreclosure protections. Each compo-
nent is wholly contained within a Subpart identified as Subparts A
through D. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section three of this Part
sets forth the general effective date of this Part.
SUBPART A
Section 1. Definitions. For the purposes of this act: 1. "Eviction
proceeding" means a summary proceeding to recover possession of real
property under article seven of the real property actions and
proceedings law relating to a residential dwelling unit or any other
judicial or administrative proceeding to recover possession of real
property relating to a residential dwelling unit.
2. "Landlord" includes a landlord, owner of a residential property and
any other person with a legal right to pursue eviction, possessory
action or a money judgment for rent, including arrears, owed or that
becomes due during the COVID-19 covered period, as defined in section 1
of chapter 127 of the laws of 2020.
3. "Tenant" includes a residential tenant, lawful occupant of a dwell-
ing unit, or any other person responsible for paying rent, use and occu-
S. 1 20
pancy, or any other financial obligation under a residential lease or
tenancy agreement, but does not include a residential tenant or lawful
occupant with a seasonal use lease where such tenant has a primary resi-
dence to which to return to.
4. "Hardship declaration" means:
a. a hardship declaration filed pursuant to chapter 381 of the laws of
2020 or chapter 104 of the laws of 2021; or
b. the following statement, or a substantially equivalent statement in
the tenant's primary language, in 14-point type, published by the office
of court administration, whether in physical or electronic written form:
"NOTICE TO TENANT: If you have lost income or had increased costs
during the COVID-19 pandemic, or moving would pose a significant health
risk for you or a member of your household due to an increased risk for
severe illness or death from COVID-19 due to an underlying medical
condition, and you sign and deliver this hardship declaration form to
your landlord, you may be protected from eviction until at least January
15, 2022 for nonpayment of rent or for holding over after the expiration
of your lease. If your landlord files an eviction against you and you
provide this form to the landlord or the court, the eviction proceedings
will be postponed until January 15, 2022 unless your landlord moves to
challenge your declaration of hardship. If the court finds your hardship
claim valid, the eviction proceeding will be postponed until after Janu-
ary 15, 2022. While the eviction proceeding is postponed, you may
remain in possession of your unit. You may still be evicted for violat-
ing your lease by intentionally causing significant damage to the prop-
erty or persistently and unreasonably engaging in behavior that substan-
tially infringes on the use and enjoyment of other tenants or occupants
or causes a substantial safety hazard to others.
If your landlord has provided you with this form, your landlord must
also provide you with a mailing address and e-mail address to which you
can return this form. If your landlord has already started an eviction
proceeding against you, you can return this form to either your land-
lord, the court, or both at any time. You should keep a copy or picture
of the signed form for your records. You will still owe any unpaid rent
to your landlord. You should also keep careful track of what you have
paid and any amount you still owe.
For more information about legal resources that may be available to
you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you
live in New York City or go to www.nycourts.gov/evictions/outside-nyc/
or call a local bar association or legal services provider if you live
outside of New York City. Financial assistance may be available to you,
even if you have not qualified for assistance in the past. You should
contact your local housing assistance office or the Office of Temporary
and Disability Assistance (OTDA) for application information.
TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC
I am a tenant, lawful occupant, or other person responsible for paying
rent, use and occupancy, or any other financial obligation under a lease
or tenancy agreement at (address of dwelling unit).
YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR EVICTION PROTECTION BY
SELECTING OPTION "A" OR "B", OR BOTH.
A. ( ) I am experiencing financial hardship, and I am unable to pay my
rent or other financial obligations under the lease in full or obtain
S. 1 21
alternative suitable permanent housing because of one or more of the
following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing
essential work or related to health impacts during the COVID-19 pandem-
ic.
3. Childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected my ability or the ability of someone in my
household to obtain meaningful employment or earn income or increased my
necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing
make it a hardship for me to relocate to another residence during the
COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negative-
ly affected my ability to obtain meaningful employment or earn income or
have significantly reduced my household income or significantly
increased my expenses.
To the extent that I have lost household income or had increased
expenses, any public assistance, including unemployment insurance,
pandemic unemployment assistance, disability insurance, or paid family
leave, that I have received since the start of the COVID-19 pandemic
does not fully make up for my loss of household income or increased
expenses.
B. ( ) Vacating the premises and moving into new permanent housing would
pose a significant health risk because I or one or more members of my
household have an increased risk for severe illness or death from
COVID-19 due to being over the age of sixty-five, having a disability or
having an underlying medical condition, which may include but is not
limited to being immunocompromised.
I understand that I must comply with all other lawful terms under my
tenancy, lease agreement or similar contract. I further understand that
lawful fees, penalties or interest for not having paid rent in full or
met other financial obligations as required by my tenancy, lease agree-
ment or similar contract may still be charged or collected and may
result in a monetary judgment against me. I further understand that my
landlord may request a hearing to challenge the certification of hard-
ship made herein, and that I will have the opportunity to participate in
any proceedings regarding my tenancy. I further understand that my
landlord may be able to seek eviction after January 15, 2022, and that
the law may provide certain protections at that time that are separate
from those available through this declaration.
Signed:
Printed name:
Date signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
5. "Hardship" means either: (a) an inability to pay rent or other
financial obligations due in full pursuant to a lease or rental agree-
ment or obtain alternative suitable permanent housing due to one or more
of the following reasons where public assistance, including unemployment
S. 1 22
insurance, pandemic unemployment assistance, disability insurance, or
paid family leave, does not fully make up for the loss of household
income or increase expenses:
(i) a significant loss of household income during the COVID-19 pandem-
ic; or
(ii) increase in necessary out-of-pocket expenses related to perform-
ance of essential work or related to health impacts during the COVID-19
pandemic; or
(iii) childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected the ability of the tenant or a household member
to obtain meaningful employment or earn income; or
(iv) increased necessary out-of-pocket expenses; or
(v) moving expenses and related difficulty in securing alternative
housing make it a hardship to relocate to another residence during
the COVID-19 pandemic; or
(vi) other circumstances related to the COVID-19 pandemic have signif-
icantly reduced household income or significantly increased
expenses; or
(b) an inability to vacate the premises and move into new permanent
housing because doing so would pose a significant risk of severe illness
or death from COVID-19 that a tenant or household member would face due
to being over the age of sixty-five, having a disability or having an
underlying medical condition, which may include but is not limited to
being immunocompromised.
§ 2. Pre-eviction notices. A landlord shall include a "Hardship Decla-
ration" in 14-point type, with every written demand for rent made pursu-
ant to subdivision 2 of section 711 of the real property actions and
proceedings law, with any other written notice required by the lease or
tenancy agreement, law or rule to be provided prior to the commencement
of an eviction proceeding, and with every notice of petition served on a
tenant. Such notice shall also include:
1. a mailing address, telephone number and active email address the
tenant can use to contact the landlord and return the hardship declara-
tion; and
2. a list of all not-for-profit legal service providers actively
handling housing matters in the county where the subject premises are
located. Such lists shall be prepared and regularly updated, to the
extent practicable, for such purpose and published on the website of the
office of court administration.
§ 3. Required affidavit. 1. No court shall accept for filing any peti-
tion or other filing to commence an eviction proceeding unless the peti-
tioner or an agent of the petitioner files an affidavit of service,
under penalty of perjury, demonstrating the manner in which the peti-
tioner or the petitioner's agent served a copy of the hardship declara-
tion in English and the tenant's primary language, if other than
English, with any rent demand and with any other written notice required
by the lease or tenancy agreement, law or rule to be provided prior to
the commencement of an eviction proceeding, and an affidavit under
penalty of perjury:
a. attesting that, at the time of filing, neither the petitioner nor
any agent of the petitioner has received a hardship declaration from the
respondent or any other tenant or occupant of the dwelling unit that is
the subject of the proceeding, or
b. attesting that the respondent or another tenant or occupant of the
dwelling unit that is the subject of the proceeding has returned a hard-
S. 1 23
ship declaration, but the respondent is intentionally causing signif-
icant damage to the property or persistently and unreasonably engaging
in behavior that substantially infringes on the use and enjoyment of
other tenants or occupants or causes a substantial safety hazard to
others, with a specific description of the behavior alleged, or
c. attesting that the respondent or another tenant or occupant of the
dwelling unit that is the subject of the proceeding has returned a hard-
ship declaration, but the petitioner believes in good faith that the
hardship certified in the hardship declaration does not exist.
2. Upon accepting a petition pursuant to article 7 of the real proper-
ty actions and proceedings law, the attorney, judge or clerk of the
court, as the case may be, shall determine whether a copy of the hard-
ship declaration in English and the tenant's primary language, if other
than English, and a copy of any affidavit filed pursuant to subdivision
one of this section is annexed to the served notice of petition and, if
not, shall ensure that a copy of the hardship declaration and any such
affidavit is attached to such notice. If the petitioner submits an
affidavit pursuant to paragraph c of subdivision 1 of this section, the
following notice in at least fourteen-point type shall also be annexed
as a cover page to the notice of petition:
"NOTICE TO TENANT: THIS IS A PETITION TO COMMENCE AN EVICTION PROCEED-
ING AGAINST YOU, BUT THE PROCEEDING WILL NOT CONTINUE UNTIL AT LEAST
JANUARY 15, 2022, UNLESS YOUR LANDLORD MOVES TO CHALLENGE YOUR CLAIM OF
AN EXEMPTION FROM EVICTION IN YOUR HARDSHIP DECLARATION FORM.
IF YOUR LANDLORD MOVES TO CHALLENGE YOUR HARDSHIP CLAIM, YOU ARE ENTI-
TLED TO A HEARING. IF THE COURT RULES YOUR HARDSHIP CLAIM INVALID AFTER
THE HEARING, THE LAWSUIT MAY PROCEED TOWARD POSSIBLE EVICTION, BUT
UNLESS AND UNTIL THE COURT ISSUES AN EVICTION WARRANT AGAINST YOU, YOU
MAY NOT BE EVICTED."
Service of the notice of petition with the attached copies of the
hardship declaration and affidavits shall be made by personal delivery
to the respondent, unless such service cannot be made with due dili-
gence, in which case service may be made under section 735 of the real
property actions and proceedings law. At the earliest possible opportu-
nity, the court shall seek confirmation on the record or in writing from
the respondent that the respondent has received the hardship declaration
and whether the respondent has submitted a hardship declaration to the
petitioner, an agent of the petitioner, or the court. If the court
determines a respondent has not received a hardship declaration, then
the court shall stay the proceeding for a reasonable period of time,
which shall be no less than ten business days or any longer period
provided by law, and provide the respondent with a copy of the hardship
declaration in English and the respondent's primary language, if other
than English, to ensure the respondent received and fully considered
whether to submit the hardship declaration. The court shall also advise
the petitioner and respondent substantially as follows: "Financial
assistance may be available to landlords and tenants, even if they have
not qualified for assistance in the past. You should contact your local
housing assistance office or the Office of Temporary and Disability
Assistance for application information." If the court is a court of
record, such advisory shall be given on the record.
§ 4. Pending proceedings. In any eviction proceeding in which an
eviction warrant has not been issued, including eviction proceedings
filed on or before March 7, 2020, if the respondent provides a hardship
declaration to the petitioner, the court, or an agent of the petitioner
or the court, the eviction proceeding shall be stayed until at least
S. 1 24
January 15, 2022. If such hardship declaration is provided to the peti-
tioner or agent, such petitioner or agent shall promptly file it with
the court, advising the court in writing the index number of all rele-
vant cases.
§ 5. Default judgments. No court shall issue a judgment in any
proceeding authorizing a warrant of eviction against a respondent who
has defaulted, or authorize the enforcement of an eviction pursuant to a
default judgment, prior to January 15, 2022, without first holding a
hearing after the effective date of this act, upon motion of the peti-
tioner. The petitioner or an agent of the petitioner shall file an affi-
davit attesting that the petitioner or the petitioner's agent has served
notice of the date, time, and place of such hearing on the respondent,
including a copy of such notice. If a default judgment has been awarded
at any time prior to the effective date of chapter 381 of the laws of
2020, including in eviction proceedings filed on or before March 7,
2020, or between August 13, 2021 and the effective date of this act, the
default judgment shall be vacated, regardless of any court proceedings
that occurred subsequent to entry of the default judgment and the matter
restored to the court calendar upon the respondent's written or oral
request to the court either before or during such hearing and an order
to show cause to vacate the default judgment shall not be required.
§ 6. Post warrant of eviction. a. (i) In any eviction proceeding in
which an eviction warrant has been issued prior to the effective date of
this act, but has not yet been executed as of the effective date of this
act, including eviction proceedings filed on or before March 7, 2020,
the court shall stay the execution of the warrant at least until the
court has held a status conference with the parties. (ii) In any
eviction proceeding, if the respondent provides a hardship declaration
to the petitioner, the court, or an agent of the petitioner or the
court, prior to the execution of the warrant, the execution shall be
stayed until at least January 15, 2022. If such hardship declaration is
provided to the petitioner or agent of the petitioner, such petitioner
or agent shall promptly file it with the court, advising the court in
writing the index number of all relevant cases.
b. In any eviction proceeding in which a warrant has been issued,
including eviction proceedings filed on or before March 7, 2020, any
warrant issued shall not be effective as against the occupants, unless,
in addition to the requirements under section 749 of the real property
actions and proceedings law for warrants, such warrant states:
(i) The tenant has not submitted the hardship declaration and the
tenant was properly served with a copy of the hardship declaration
pursuant to this section, listing dates the tenant was served with the
hardship declaration by the petitioner and the court; or
(ii) The tenant is ineligible for a stay under this act because the
court has found the respondent's hardship claim invalid, or the respond-
ent intentionally caused significant damage to the property, or the
respondent is persistently and unreasonably engaging in behavior that
substantially infringes on the use and enjoyment of other tenants or
occupants or causes a substantial safety hazard to others, with a
specific description of the behavior.
c. No court shall issue a warrant directed to the sheriff of the coun-
ty or to any constable or marshal of the city in which the property, or
a portion thereof, is situated, or, if it is not situated in a city, to
any constable of any town in the county, that does not comply with the
requirements of this section.
S. 1 25
d. No officer to whom the warrant is directed shall execute a warrant
for eviction issued that does not comply with the requirements of this
section.
e. Unless the warrant contains the information contained in paragraph
(ii) of subdivision b of this section, if any tenant delivers the hard-
ship declaration to the officer to whom the warrant is directed, the
officer shall not execute the warrant and shall return the hardship form
to the court indicating the appropriate index/case number the form is
associated with.
§ 7. Section four and paragraph (ii) of subdivision a of section six
of this act shall not apply if the tenant: (i) intentionally caused
significant damage to the property; or (ii) is persistently and unrea-
sonably engaging in behavior that substantially infringes on the use and
enjoyment of other tenants or occupants or causes a substantial safety
hazard to others, provided:
1. If an eviction proceeding is pending on the effective date of this
act, but the petitioner has not previously alleged that the tenant
intentionally caused significant damage to the property or persistently
and unreasonably engaged in such behavior, the petitioner shall be
required to submit a new petition with such allegations and comply with
all notice and service requirements under article 7 of the real property
actions and proceedings law and this act.
2. a. If the court has awarded a judgment against a respondent prior
to the effective date of this act on the basis of objectionable or
nuisance behavior and the petitioner is alleging the tenant caused
significant damage to the property, the court shall hold a hearing to
determine whether the tenant is continuing to intentionally cause
significant damage to the property.
b. If the court has awarded a judgment against a respondent prior to
the effective date of chapter 381 of the laws of 2020 or between August
13, 2021 and the effective date of this act on the basis of objectiona-
ble or nuisance behavior and the petitioner is alleging the tenant is
persistently engaging in unreasonable behavior that substantially
infringes on the use and enjoyment of other tenants or occupants or
causes a substantial safety hazard to others, the court shall hold a
hearing to determine whether the tenant is continuing to persist in
engaging in unreasonable behavior that substantially infringes on the
use and enjoyment of other tenants or occupants or causes a substantial
safety hazard to others.
3. For the purposes of this act, a mere allegation of the behavior by
the petitioner or an agent of the petitioner alleging such behavior
shall not be sufficient evidence to establish that the tenant has
engaged in such behavior.
4. If the petitioner establishes that the tenant intentionally caused
significant damage to the property or persistently and unreasonably
engaged in such behavior or the tenant fails to provide a hardship
declaration to the petitioner, petitioner's agent or the court, the
proceeding may continue pursuant to article 7 of the real property
actions and proceedings law and this act.
§ 8. Translation of hardship declaration. The office of court adminis-
tration shall translate the hardship declaration, as defined in section
one of this act, into Spanish and the six most common languages in the
city of New York, after Spanish, and shall post and maintain such trans-
lations and an English language copy of the hardship declaration on the
website of such office beginning within fifteen days of the effective
date of this act. To the extent practicable, the office of court admin-
S. 1 26
istration shall post and maintain on its website translations into such
additional languages as the chief administrative judge shall deem appro-
priate to ensure that tenants have an opportunity to understand and
submit hardship declarations pursuant to this act.
§ 9. Rebuttable presumption. Unless a court determines a tenant's
hardship claim invalid pursuant to section ten of this act, a hardship
declaration in which the tenant has selected the option indicating a
financial hardship shall create a rebuttable presumption that the tenant
is experiencing financial hardship, in any judicial or administrative
proceeding that may be brought, for the purposes of establishing a
defense under chapter 127 of the laws of 2020, an executive order of the
governor or any other local or state law, order or regulation restrict-
ing the eviction of a tenant suffering from a financial hardship during
or due to COVID-19 provided that the absence of a hardship declaration
shall not create a presumption that a financial hardship is not present.
§ 10. (a) Notwithstanding any other provision of this act, a stay
under this act shall be granted or continued unless the court finds the
respondent's hardship claim invalid. A motion may be made by the peti-
tioner, attesting a good faith belief that the respondent has not expe-
rienced a hardship, with notice to the respondent, and the court shall
grant a hearing to determine whether to find the respondent's hardship
claim invalid.
(b) After any hearing, if the court finds the hardship claim valid,
the court shall grant a stay or continue a stay pursuant to this act,
provided that the court shall direct, if the respondent appears to be
eligible and has not yet applied, that the parties apply to the COVID-19
emergency rental assistance program of 2021, created by subpart A of
part BB of chapter 56 of the laws of 2021, or a locally administered
program to administer federal emergency rental assistance funding issued
pursuant to section 501 of the Consolidated Appropriations Act of 2021,
Pub. L. 116-260 § 501, or section 3201 of the American Rescue Plan Act
of 2021, Pub. L. 117-2 § 3201, so long as such program or programs are
accepting applications.
(c) After a hearing, if the court finds the respondent's hardship
claim invalid, the proceedings shall continue to a determination on the
merits.
§ 11. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight and ten of this act shall expire
January 15, 2022.
SUBPART B
Section 1. Application. This section shall apply to any action to
foreclose a mortgage relating to residential real property, provided the
owner or mortgagor of such property is a natural person, regardless of
how title is held, and owns ten or fewer dwelling units whether directly
or indirectly. The ten or fewer dwelling units may be in more than one
property or building as long as the total aggregate number of ten units
includes the primary residence of the natural person requesting such
relief and the remaining units are currently occupied by a tenant or are
available for rent.
(a) For purposes of this act, real property shall include shares
assigned to a unit in a residential cooperative.
(b) For purposes of this act, real property shall not include property
that is vacant and abandoned, as defined in subdivision 2 of section
1309 of the real property actions and proceedings law, which was listed
S. 1 27
on the statewide vacant and abandoned property electronic registry, as
defined in section 1310 of the real property actions and proceedings
law, prior to March 7, 2020 and that remains on such registry.
Notwithstanding anything to the contrary, this act shall not apply to,
and does not affect any mortgage loans made, insured, purchased or secu-
ritized by a corporate governmental agency of the state constituted as a
political subdivision and public benefit corporation, or the rights and
obligations of any lender, issuer, servicer or trustee of such obli-
gations.
§ 2. Definitions. 1. For the purposes of this act, "Hardship Declara-
tion" means:
a. a hardship declaration filed pursuant to chapter 381 of the laws of
2020 or chapter 104 of the laws of 2021; or
b. the following statement, or a substantially equivalent statement in
the mortgagor's primary language, in 14-point type, published by the
office of court administration, whether in physical or electronic writ-
ten form:
"NOTICE TO MORTGAGOR: If you have lost income or had increased costs
during the COVID-19 pandemic, and you sign and deliver this hardship
declaration form to your mortgage lender or other foreclosing party, you
may be protected from foreclosure until at least January 15, 2022. If a
foreclosure action is filed against you and you provide this form to the
plaintiff or the court, the action will be postponed until January 15,
2022 unless the plaintiff moves to challenge your declaration of hard-
ship. If the court finds your hardship claim valid, the foreclosure
action will be postponed until after January 15, 2022. While the action
is postponed, you may remain in possession.
If your mortgage lender or other foreclosing party provided you with
this form, the mortgage lender or other foreclosing party must also
provide you with a mailing address and e-mail address to which you can
return this form. If you are already in foreclosure proceedings, you may
return this form to the court. You should keep a copy or picture of the
signed form for your records. You will still owe any unpaid mortgage
payments and lawful fees to your lender. You should also keep careful
track of what you have paid and any amount you still owe. Financial
assistance may be available to you, even if you have previously been
denied. You should contact your local housing assistance office for
application information.
MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP
I am the mortgagor of the property at (address of dwelling unit).
Including my primary residence, I own, whether directly or indirectly,
ten or fewer residential dwelling units. I am experiencing financial
hardship, and I am unable to pay my mortgage in full because of one or
more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing
essential work or related to health impacts during the COVID-19 pandem-
ic.
3. Childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected my ability or the ability of someone in my
household to obtain meaningful employment or earn income or increased my
necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing
make it a hardship for me to relocate to another residence during the
COVID-19 pandemic.
S. 1 28
5. Other circumstances related to the COVID-19 pandemic have negative-
ly affected my ability to obtain meaningful employment or earn income or
have significantly reduced my household income or significantly
increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of
their rent payments since March 1, 2020.
To the extent I have lost household income or had increased expenses,
any public assistance, including unemployment insurance, pandemic unem-
ployment assistance, disability insurance, or paid family leave, that I
have received since the start of the COVID-19 pandemic does not fully
make up for my loss of household income or increased expenses.
I understand that I must comply with all other lawful terms under my
mortgage agreement. I further understand that lawful fees, penalties or
interest for not having paid my mortgage in full as required by my mort-
gage agreement may still be charged or collected and may result in a
monetary judgment against me. I further understand that my mortgage
lender, or other foreclosing party may request a hearing to challenge
the certification of hardship made herein, and that I will have the
opportunity to participate in any actions or proceedings regarding my
mortgage interest. I also understand that my mortgage lender or other
foreclosing party may pursue a foreclosure action against me on or after
January 15, 2022, if I do not fully repay any missed or partial payments
and lawful fees.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
2. "Hardship" means a mortgagor is unable to pay their mortgage in
full because of one or more of the following reasons and any public
assistance, including unemployment insurance, pandemic unemployment
assistance, disability insurance, or paid family leave, that the mortga-
gor or borrower has received since the start of the COVID-19 pandemic
does not fully make up for their loss of household income or increased
expenses:
(i) Significant loss of household income during the COVID-19 pandemic;
or
(ii) Increase in necessary out-of-pocket expenses related to perform-
ing essential work or related to health impacts during the COVID-19
pandemic; or
(iii) Childcare responsibilities or responsibilities to care for
an elderly, disabled, or sick family member during the COVID-19
pandemic negatively affected the mortgagor's ability or the ability of
someone in their household to obtain meaningful employment or earn
income or increased their necessary out-of-pocket expenses; or
(iv) Moving expenses and difficulty the mortgagor has securing alter-
native housing make it a hardship for the mortgagor to relocate to
another residence during the COVID-19 pandemic; or
(v) Other circumstances related to the COVID-19 pandemic have nega-
tively affected the mortgagor's ability to obtain meaningful employment
or earn income or have significantly reduced the mortgagor's
household income or significantly increased the mortgagor's expenses;
or
(vi) One or more of the mortgagor's tenants has defaulted on a signif-
icant amount of their rent payments since March 1, 2020.
S. 1 29
§ 3. The foreclosing party shall include a "Hardship Declaration" in
14-point type, with every notice provided to a mortgagor pursuant to
sections 1303 and 1304 of the real property actions and proceedings law.
Such notice shall also include a mailing address, telephone number and
active email address the mortgagor can use to contact the foreclosing
party and return the hardship declaration.
§ 4. No court shall accept for filing any action to foreclose a mort-
gage unless the foreclosing party or an agent of the foreclosing party
files an affidavit, under penalty of perjury:
(i) of service demonstrating the manner in which the foreclosing
party's agent served a copy of the hardship declaration in English and
the mortgagor's primary language, if other than English, with the
notice, if any, provided to the mortgagor pursuant to sections 1303 and
1304 of the real property actions and proceedings law, and
(ii) a. attesting that at the time of filing, neither the foreclosing
party nor any agent of the foreclosing party has received a hardship
declaration from the mortgagor; or
b. attesting that at the time of filing, the foreclosing party or an
agent of the foreclosing party has received a hardship declaration from
the mortgagor, but the foreclosing party believes in good faith that the
hardship certified in the hardship declaration does not exist.
At the earliest possible opportunity, the court shall seek confirma-
tion on the record or in writing that the mortgagor has received a copy
of the hardship declaration and whether the mortgagor has returned the
hardship declaration to the foreclosing party or an agent of the fore-
closing party. If the court determines a mortgagor has not received a
hardship declaration, then the court shall stay the proceeding for a
reasonable period of time, which shall be no less than ten business days
or any longer period provided by law, to ensure the mortgagor received
and fully considered whether to submit the hardship declaration.
§ 5. In any action to foreclose a mortgage in which a judgment of sale
has not been issued, including actions filed on or before March 7, 2020,
if the mortgagor provides a hardship declaration to the foreclosing
party, the court, or an agent of the foreclosing party or the court, the
proceeding shall be stayed until at least January 15, 2022. If such
hardship declaration is provided to the foreclosing party or agent of
the foreclosing party, such foreclosing party or agent shall promptly
file it with the court, advising the court in writing the index number
of all relevant cases.
§ 6. In any action to foreclose a mortgage in which a judgment of sale
has been issued prior to the effective date of this act but has not yet
been executed as of the effective date of this act, including actions
filed on or before March 7, 2020, the court shall stay the execution of
the judgment at least until the court has held a status conference with
the parties. In any action to foreclose a mortgage, if the mortgagor
provides a hardship declaration to the foreclosing party, the court, or
an agent of the foreclosing party or the court, prior to the execution
of the judgment, the execution shall be stayed until at least January
15, 2022. If such hardship declaration is provided to the foreclosing
party or agent of the foreclosing party, such foreclosing party or agent
shall promptly file it with the court, advising the court in writing the
index number of all relevant cases.
§ 7. The office of court administration shall translate the hardship
declaration, as defined in section one of this act, into Spanish and the
six most common languages in the city of New York, after Spanish, and
shall post and maintain such translations and an English language copy
S. 1 30
of the hardship declaration on the website of such office beginning
within fifteen days of the effective date of this act.
§ 8. Unless a court determines a mortgagor's hardship claim invalid
pursuant to section nine of this act, a hardship declaration shall
create a rebuttable presumption that the mortgagor is suffering finan-
cial hardship, in any judicial or administrative proceeding that may be
brought, for the purposes of establishing a defense under an executive
order of the governor or any other local or state law, order or regu-
lation restricting actions to foreclose a mortgage against a mortgagor
suffering from a financial hardship during or due to the COVID-19
pandemic provided that the absence of a hardship declaration shall not
create a presumption that a financial hardship is not present.
§ 9. (a) Notwithstanding any other provision of this act, a stay under
this part shall be granted or continued unless the court finds the
defendant's hardship claim invalid. A motion may be made by the fore-
closing party, attesting a good faith belief that the defendant has not
experienced a hardship, with notice to the defendant, and the court
shall grant a hearing to determine whether to find the defendant's hard-
ship claim invalid.
(b) After any hearing, if the court finds the defendant's hardship
claim valid, the court shall grant a stay or continue a stay pursuant to
this act.
(c) After a hearing, if the court finds the defendant's hardship claim
invalid, the action shall continue to a determination on the merits.
§ 10. This act shall take effect immediately and sections one, two,
three, four, five, six, seven and nine of this act shall expire January
15, 2022.
SUBPART C
Section 1. Application. This act shall apply to any action to fore-
close on delinquent taxes or sell a tax lien relating to residential
real property, provided the owner or mortgagor of such property is a
natural person, regardless of how title is held, and owns ten or fewer
dwelling units whether directly or indirectly. The ten or fewer dwelling
units may be in more than one property or building as long as the total
aggregate number of ten units includes the primary residence of the
natural person requesting such relief and the remaining units are
currently occupied by a tenant or are available for rent.
(a) For purposes of this act, real property shall include shares in a
residential cooperative.
(b) For purposes of this act, real property shall not include property
that is vacant and abandoned, as defined in subdivision 2 of section
1309 of the real property actions and proceedings law, which was listed
on the statewide vacant and abandoned property electronic registry, as
defined in section 1310 of the real property actions and proceedings
law, prior to March 7, 2020 and that remains on such registry.
§ 2. Definitions. For purposes of this act: 1. "Tax lien" means an
unpaid tax, special ad valorem levy, special assessment or other charge
imposed upon real property by or on behalf of a municipal corporation or
special district or other public or private entity which is an encum-
brance on real property, whether or not evidenced by a written instru-
ment.
2. "Tax foreclosure and tax lien sale" shall mean any such tax lien
sale or tax foreclosure pursuant to article 11 of the real property tax
S. 1 31
law, or any general, special or local law related to real property tax
lien sales or real property tax foreclosures.
3. "Hardship Declaration" means: a. a hardship declaration filed
pursuant to chapter 381 of the laws of 2020 or chapter 104 of the laws
of 2021; or
b. the following statement, or a substantially equivalent statement in
the owner's primary language, in 14-point type, whether in physical or
electronic written form:
"OWNER DECLARATION OF COVID-19-RELATED HARDSHIP
I am the owner of the property at (address). Including my primary
residence, I own, whether directly or indirectly, ten or fewer residen-
tial dwelling units. I am experiencing financial hardship, and I am
unable to pay my full tax bill because of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing
essential work or related to health impacts during the COVID-19 pandem-
ic.
3. Childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected my ability or the ability of someone in my
household to obtain meaningful employment or earn income or increased my
necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing
make it a hardship for me to relocate to another residence during the
COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negative-
ly affected my ability to obtain meaningful employment or earn income or
have significantly reduced my household income or significantly
increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of
their rent payments since March 1, 2020.
To the extent that I have lost household income or had increased
expenses, any public assistance, including unemployment insurance,
pandemic unemployment assistance, disability insurance, or paid family
leave, that I have received since the start of the COVID-19 pandemic
does not fully make up for my loss of household income or increased
expenses.
I understand that lawful fees, penalties or interest for not having
paid my taxes in full may still be charged or collected and may result
in a foreclosure action against me on or after January 15, 2022, if I do
not fully repay any missed or partial payments and fees.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
4. "Hardship" means an owner is unable to pay their full tax bill
because of one or more of the following reasons and any public assist-
ance, including unemployment insurance, pandemic unemployment assist-
ance, disability insurance, or paid family leave, that the owner has
received since the start of the COVID-19 pandemic does not fully make up
for their loss of household income or increased expenses:
(i) Significant loss of household income during the COVID-19 pandemic;
or
S. 1 32
(ii) Increase in necessary out-of-pocket expenses related to perform-
ing essential work or related to health impacts during the COVID-19
pandemic; or
(iii) Childcare responsibilities or responsibilities to care for
an elderly, disabled, or sick family member during the COVID-19
pandemic negatively affected the owner's ability or the ability of
someone in their household to obtain meaningful employment or earn
income or increased their necessary out-of-pocket expenses; or
(iv) Moving expenses and difficulty the owner has securing alternative
housing make it a hardship for the owner to relocate to another resi-
dence during the COVID-19 pandemic; or
(v) Other circumstances related to the COVID-19 pandemic have nega-
tively affected the owner's ability to obtain meaningful employment or
earn income or have significantly reduced the owner's household
income or significantly increased the owner's expenses; or
(vi) One or more of the owner's tenants has defaulted on a significant
amount of their rent payments since March 1, 2020.
§ 3. 1. A real property owner may submit a "Hardship Declaration" to
any village, town, city, school district, county, or other entity or
person which conducts tax foreclosures or tax lien sales.
2. At least thirty days prior to the date on which a sale of a tax
lien is scheduled to occur, or upon the filing of a petition of foreclo-
sure of a tax lien, the enforcing officer or other person or entity
conducting such tax lien sale or tax foreclosure shall notify the owner
of the affected property of such owner's rights under this act and shall
notify the owner that a copy of the hardship declaration can be accessed
on the New York State Department of Tax and Finance's website and also
provide a link to such declaration form. For the purposes of this act,
"enforcing officer" shall have the same meaning as defined in subdivi-
sion 3 of section 1102 of the real property tax law. The New York State
Department of Tax and Finance shall publish a copy of the hardship
declaration on its website.
3. The submission of such a declaration, unless withdrawn by the
owner, shall act as a temporary stay applicable to all entities and
persons of all such tax lien sales and tax foreclosure actions and
proceedings against such owner for such property that have been
commenced or could have been commenced before January 15, 2022.
4. While such stay is in effect, no other action or proceeding shall
be commenced to recover any part of such delinquent taxes.
5. Any applicable statutes of limitation for the commencement of any
action or proceeding to sell a tax lien or foreclose a tax lien is
tolled until such stay has expired. The obligation to pay the balance of
such delinquent taxes is not rendered invalid, released or extinguished
by such stay.
6. Unless a court determines an owner's claim of hardship invalid
pursuant to subdivision 7 of this section, a hardship declaration shall
create a rebuttable presumption that the owner is experiencing financial
hardship, in any judicial or administrative proceeding that may be
brought, for the purposes of establishing a defense under an executive
order of the governor or any other local or state law, order or regu-
lation restricting actions to sell a tax lien or foreclose a tax lien
against an owner suffering from a financial hardship during or due to
the COVID-19 pandemic, provided that the absence of a hardship decla-
ration shall not create a presumption that a financial hardship is not
present.
S. 1 33
7. (a) Notwithstanding any other provision of this act, a stay under
this part shall be granted or continued unless the court finds the
defendant's hardship claim invalid. A motion may be made by the fore-
closing party, if such party is not a governmental entity, attesting a
good faith belief that the defendant has not experienced a hardship,
with notice to the defendant, and the court shall grant a hearing to
determine whether to find the defendant's hardship claim invalid.
(b) After any hearing, if the court finds the defendant's hardship
claim valid, the court shall grant a stay or continue a stay pursuant to
this act.
(c) After a hearing, if the court finds the defendant's hardship claim
invalid, the proceedings shall continue to a determination on the
merits.
§ 4. This act shall take effect immediately and sections one and two
and subdivisions one, two, three, four, five and seven of section three
shall expire January 15, 2022.
SUBPART D
Section 1. Application. 1. This act shall apply to an owner of resi-
dential real property, provided the owner or mortgagor of such property
is a natural person, regardless of how title is held, and owns ten or
fewer dwelling units whether directly or indirectly. The ten or fewer
dwelling units may be in more than one property or building as long as
the total aggregate number of ten units includes the primary residence
of the natural person requesting such relief and the remaining units are
currently occupied by a tenant or are available for rent.
(a) For purposes of this act, real property shall include shares in a
residential cooperative.
(b) For purposes of this act, real property shall not include property
that is vacant and abandoned, as defined in subdivision 2 of section
1309 of the real property actions and proceedings law, which was listed
on the statewide vacant and abandoned property electronic registry, as
defined in section 1310 of the real property actions and proceedings
law, prior to March 7, 2020 and that remains on such registry.
2. Hardship declaration. For purposes of this act, "hardship declara-
tion" shall mean: a. a hardship declaration filed pursuant to chapter
381 of the laws of 2020 or chapter 104 of the laws of 2021; or
b. the following statement, or a substantially equivalent statement in
the owner or mortgagor's primary language, in 14-point type, whether in
physical or electronic written form, and the department of financial
services shall publish a copy of the hardship declaration on its
website:
"NOTICE TO OWNER/MORTGAGOR: If you have lost income or had increased
costs due to the COVID-19 pandemic, and you sign and deliver this hard-
ship declaration form to your lending institution, you cannot be
discriminated against in the determination of whether credit should be
extended or reported negatively to a credit reporting agency until at
least January 15, 2022.
If a lending institution provided you with this form, the lending
institution must also provide you with a mailing address and e-mail
address to which you can return this form. You should keep a copy or
picture of the signed form for your records.
OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP
I am the OWNER/MORTGAGOR of the property at (address of dwelling
unit). Including my primary residence, I own, whether directly or indi-
S. 1 34
rectly, ten or fewer residential dwelling units. I am experiencing
financial hardship, and I am unable to pay my mortgage in full because
of one or more of the following:
1. Significant loss of household income during the COVID-19 pandemic.
2. Increase in necessary out-of-pocket expenses related to performing
essential work or related to health impacts during the COVID-19 pandem-
ic.
3. Childcare responsibilities or responsibilities to care for an
elderly, disabled, or sick family member during the COVID-19 pandemic
have negatively affected my ability or the ability of someone in my
household to obtain meaningful employment or earn income or increased my
necessary out-of-pocket expenses.
4. Moving expenses and difficulty I have securing alternative housing
make it a hardship for me to relocate to another residence during the
COVID-19 pandemic.
5. Other circumstances related to the COVID-19 pandemic have negative-
ly affected my ability to obtain meaningful employment or earn income or
have significantly reduced my household income or significantly
increased my expenses.
6. One or more of my tenants has defaulted on a significant amount of
their rent payments since March 1, 2020.
To the extent that I have lost household income or had increased
expenses, any public assistance, including unemployment insurance,
pandemic unemployment assistance, disability insurance, or paid family
leave, that I have received since the start of the COVID-19 pandemic
does not fully make up for my loss of household income or increased
expenses.
Signed:
Printed Name:
Date Signed:
NOTICE: You are signing and submitting this form under penalty of law.
That means it is against the law to make a statement on this form that
you know is false."
3. Discrimination in credit decisions. Notwithstanding any law to the
contrary, lending institutions shall not discriminate in the determi-
nation of whether credit should be extended to any owner of residential
real property as defined in subdivision one of this section because, as
provided for in this act, such owner has been granted a stay of mortgage
foreclosure proceedings, tax foreclosure proceedings or of tax lien
sales, or that an owner of residential real property as defined in
subdivision one of this section is currently in arrears and has filed a
hardship declaration with such lender.
4. Prohibition on negative credit reporting. Notwithstanding any law
to the contrary, as provided for in this act, the granting of a stay of
mortgage foreclosure proceedings, tax foreclosure proceedings or tax
lien sales, or that an owner of residential real property as defined in
subdivision one of this section is currently in arrears and has filed a
hardship declaration with their lender shall not be negatively reported
to any credit reporting agency.
§ 2. This act take effect immediately and shall expire January 15,
2022.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivi-
S. 1 35
sion, section, subpart or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered. It is hereby
declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
PART D
Section 1. Section 1 of chapter 127 of the laws of 2020, relating to
prohibiting the eviction of residential tenants who have suffered finan-
cial hardship during the COVID-19 covered period, is amended to read as
follows:
Section 1. For the purposes of this act, "COVID-19 covered period"
means March 7, 2020 until [the date on which none of the provisions that
closed or otherwise restricted public or private businesses or places of
public accommodation, or required postponement or cancellation of all
non-essential gatherings of individuals of any size for any reason in
Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and
202.31 and as further extended by any future Executive Order, issued in
response to the COVID-19 pandemic continue to apply in the county of the
tenant's or lawful occupant's residence] JANUARY 15, 2022.
§ 2. Paragraph (b) of subdivision 2 of section 2 of chapter 127 of the
laws of 2020, relating to prohibiting the eviction of residential
tenants who have suffered financial hardship during the COVID-19 covered
period, is amended to read as follows:
(b) In determining whether a tenant or lawful occupant suffered a
financial hardship during the COVID-19 covered period, the court shall
consider, among other relevant factors:
(i) the tenant's or lawful occupant's income prior to the COVID-19
covered period;
(ii) the tenant's or lawful occupant's income during the COVID-19
covered period;
(iii) the tenant's or lawful occupant's liquid assets; and
(iv) the tenant's or lawful occupant's eligibility for and receipt of
cash assistance, supplemental nutrition assistance program, supplemental
security income, the New York State disability program, the home energy
assistance program, [or] unemployment insurance or benefits under state
or federal law, OR THE EMERGENCY RENTAL ASSISTANCE PROGRAM.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 7, 2020.
PART E
Section 1. Notwithstanding the provisions of article 7 of the public
officers law to the contrary, any state agency, department, corporation,
office, authority, board, or commission, as well as any local public
body, or public corporation as defined in section 66 of the general
construction law, or political subdivisions as defined in section 100 of
the general municipal law, or a committee or subcommittee or other simi-
lar body of such entity, shall be authorized to meet and take such
action authorized by law without permitting in public in-person access
to meetings and authorize such meetings to be held remotely by confer-
S. 1 36
ence call or similar service, provided that the public has the ability
to view or listen to such proceeding and that such meetings are recorded
and later transcribed. "Local public body" shall mean any entity for
which a quorum is required in order to conduct public business and which
consists of two or more members, performing a governmental function for
an entity limited in the execution of its official functions to a
portion only of the state, or a political subdivision of the state, or
for an agency or department thereof.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 15, 2022.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.
