[ ] is old law to be omitted.
LBD11083-03-1
S. 6362--A 2
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. Rent relief may be available to you, and you
should contact your local housing assistance office.
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
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
S. 6362--A 3
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 be able to seek eviction after [May 1] AUGUST 31, 2021, and
that the law may provide certain protections at that time that are sepa-
rate 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."
§ 2. Sections 4, 6 and 7 of part A of chapter 381 of the laws of 2020
establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention
Act of 2020", are amended to read as follows:
§ 4. Prohibition on initiation of eviction proceeding. If there is no
pending eviction proceeding and a tenant provides a hardship declaration
to the landlord or an agent of the landlord, there shall be no initi-
ation of an eviction proceeding against the tenant until at least [May
1] AUGUST 31, 2021, and in such event any specific time limit for the
commencement of an eviction proceeding shall be tolled until [May 1]
AUGUST 31, 2021.
§ 6. 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 tenant 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
[May 1] AUGUST 31, 2021. If such hardship declaration is provided to the
petitioner or agent, such petitioner or agent shall promptly file it
with the court, advising the court in writing the index number of all
relevant cases.
§ 7. 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 [May 1] AUGUST 31, 2021, without first hold-
ing a hearing after the effective date of this act upon motion of the
petitioner. The petitioner or an agent of the petitioner shall file an
affidavit 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 prior to the effective date of this act, the default judg-
ment shall be removed 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.
§ 3. Subdivision a of section 8 of part A of chapter 381 of the laws
of 2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
S. 6362--A 4
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
tenant 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 [May 1] AUGUST 31,
2021. 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.
§ 4. Subdivision 4 of section 9 of part A of chapter 381 of the laws
of 2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
4. If the petitioner fails to establish that the tenant persistently
and unreasonably engaged in such behavior and the tenant provides or has
provided a hardship declaration to the petitioner, petitioner's agent or
the court, the court shall stay or continue to stay any further
proceedings until at least [May 1] AUGUST 31, 2021.
§ 5. Section 13 of part A of chapter 381 of the laws of 2020 estab-
lishing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act
of 2020", is amended to read as follows:
§ 13. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine, ten and twelve of this act
shall expire [May 1] AUGUST 31, 2021.
§ 6. Section 2 of subpart A of part B of chapter 381 of the laws of
2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
§ 2. Definitions. For the purposes of this act, "Hardship Declaration"
means the following statement, or a substantially equivalent statement
in the mortagor'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
cannot be foreclosed on until at least [May 1] AUGUST 31, 2021.
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.
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.
S. 6362--A 5
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 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 also understand that my mortgage lender
or other foreclosing party may pursue a foreclosure action against me on
or after [May 1] AUGUST 31, 2021, 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."
§ 7. Sections 5, 7, 8 and 12 of subpart A of part B of chapter 381 of
the laws of 2020 establishing the "COVID-19 Emergency Eviction and Fore-
closure Prevention Act of 2020", are amended to read as follows:
§ 5. If a mortgagor provides a hardship declaration to the foreclosing
party or an agent of the foreclosing party, there shall be no initiation
of an action to foreclose a mortgage against the mortgagor until at
least [May 1] AUGUST 31, 2021, and in such event any specific time limit
for the commencement of an action to foreclose a mortgage shall be
tolled until [May 1] AUGUST 31, 2021.
§ 7. 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 [May 1] AUGUST 31, 2021. 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.
§ 8. 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
S. 6362--A 6
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 [May 1]
AUGUST 31, 2021. If such hardship declaration is provided to the fore-
closing 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.
§ 12. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine and eleven of this act shall
expire [May 1] AUGUST 31, 2021.
§ 8. Subdivision 3 of section 2 of subpart B of part B of chapter 381
of the laws of 2020 establishing the "COVID-19 Emergency Eviction and
Foreclosure Prevention Act of 2020", is amended to read as follows:
3. "Hardship Declaration" means the following statement, or a substan-
tially 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 [May 1] AUGUST 31, 2021,
if I do not fully repay any missed or partial payments and fees.
Signed:
Printed Name:
Date Signed:
S. 6362--A 7
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."
§ 9. Subdivision 3 of section 3 of subpart B of part B of chapter 381
of the laws of 2020 establishing the "COVID-19 Emergency Eviction and
Foreclosure Prevention Act of 2020", is amended to read as follows:
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 [May 1] AUGUST 31, 2021.
§ 10. Section 4 of subpart B of part B of chapter 381 of the laws of
2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
§ 4. This act shall take effect immediately and sections one and two
and subdivisions one, two, three, four and five of section three shall
expire [May 1] AUGUST 31, 2021.
§ 11. Subdivision 2 of section 1 of subpart C of part B of chapter 381
of the laws of 2020 establishing the "COVID-19 Emergency Eviction and
Foreclosure Prevention Act of 2020", is amended to read as follows:
2. Hardship declaration. For purposes of this act, "hardship declara-
tion" shall mean 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 [May 1] AUGUST 31, 2021.
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-
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
S. 6362--A 8
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."
§ 12. Section 2 of subpart C of part B of chapter 381 of the laws of
2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
§ 2. This act take effect immediately and shall expire [May 1] AUGUST
31, 2021.
§ 13. Section 2 of subpart D of part B of chapter 381 of the laws of
2020 establishing the "COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020", is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire [May 1]
AUGUST 31, 2021. This act shall be deemed to have been in full force and
effect on and after March 7, 2020.
§ 14. Subdivision 4 of section 1 of part A of chapter 73 of the laws
of 2021 establishing the "COVID-19 Emergency Protect Our Small Busi-
nesses Act of 2021", is amended to read as follows:
4. "Hardship declaration" means the following statement, or a substan-
tially 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 written 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 cannot be evicted until at least [May 1] AUGUST 31, 2021
for nonpayment of rent or for holding over after the expiration of your
lease. You may still be evicted for violating your lease by persistently
and unreasonably engaging in behavior that substantially infringes on
the use and enjoyment of other tenants or occupants or causes a substan-
tial 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.
COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE
COVID-19 PANDEMIC
S. 6362--A 9
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 fifty
or fewer persons. My business is experiencing financial hardship, and
is unable to pay the rent or other financial obligations under the lease
in full or obtain an alternative suitable commercial property because of
one or more of the following:
1. Significant loss of revenue during the COVID-19 pandemic.
2. 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.
3. 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.
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 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 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 be able to seek eviction after
[May 1] AUGUST 31, 2021, 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."
§ 15. Section 2 of part A of chapter 73 of the laws of 2021 estab-
lishing the "COVID-19 Emergency Protect Our Small Businesses Act of
2021", is amended to read as follows:
§ 2. No commercial tenant shall be removed from the possession prior
to [May 1] AUGUST 31, 2021, except by an eviction proceeding.
§ 16. Section 5 of part A of chapter 73 of the laws of 2021 establish-
ing the "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
is amended to read as follows:
§ 5. Prohibition on initiation of eviction proceeding. If there is no
pending eviction proceeding and a tenant provides a hardship declaration
to the landlord or an agent of the landlord, there shall be no initi-
ation of an eviction proceeding against the tenant until at least [May
1] AUGUST 31, 2021, and in such event any specific time limit for the
commencement of an eviction proceeding shall be tolled until [May 1]
AUGUST 31, 2021.
S. 6362--A 10
§ 17. Section 7 of part A of chapter 73 of the laws of 2021 establish-
ing the "COVID-19 Emergency Protect Our Small Businesses Act of 2021",
is amended to read as follows:
§ 7. 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,
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 [May 1]
AUGUST 31, 2021. If such hardship declaration is provided to the peti-
tioner 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.
§ 18. Paragraph (ii) of subdivision a of section 8 of part A of chap-
ter 73 of the laws of 2021 establishing the "COVID-19 Emergency Protect
Our Small Businesses Act of 2021", is amended to read as follows:
(ii) In any eviction proceeding, 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, prior to the execution of the
warrant or judgment, the execution shall be stayed until at least [May
1] AUGUST 31, 2021. If such hardship declaration is provided to the
petitioner or plaintiff or agent of the petitioner or plaintiff, 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.
§ 19. Subdivision 4 of section 9 of part A of chapter 73 of the laws
of 2021 establishing the "COVID-19 Emergency Protect Our Small Busi-
nesses Act of 2021", is amended to read as follows:
4. If the petitioner or plaintiff fails to establish that the tenant
persistently and unreasonably engaged in such behavior and the tenant
provides or has provided a hardship declaration to the petitioner,
petitioner's or plaintiff's agent or the court, the court shall stay or
continue to stay any further proceedings until at least [May 1] AUGUST
31, 2021.
§ 20. Section 13 of part A of chapter 73 of the laws of 2021 estab-
lishing the "COVID-19 Emergency Protect Our Small Businesses Act of
2021", is amended to read as follows:
§ 13. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine, ten and twelve of this act
shall expire [May 1] AUGUST 31, 2021.
§ 21. Section 2 of subpart A of part B of chapter 73 of the laws of
2021 establishing the "COVID-19 Emergency Protect Our Small Businesses
Act of 2021", is amended to read as follows:
§ 2. Definitions. For the purposes of this act, "Hardship Declaration"
means the following statement in 14-point type, published by the office
of court administration, whether in physical 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 cannot be fore-
closed on until at least [May 1] AUGUST 31, 2021.
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
S. 6362--A 11
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 fifty or fewer persons. My business is experiencing
financial hardship and is unable to pay the mortgage in full because of
one or more of the following:
1. Significant loss of revenue during the COVID-19 pandemic.
2. 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.
3. 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.
4. 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 also understand that
the mortgage lender or other foreclosing party may pursue a foreclosure
action against the business on or after [May 1] AUGUST 31, 2021, 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."
§ 22. Section 5 of subpart A of part B of chapter 73 of the laws of
2021 establishing the "COVID-19 Emergency Protect Our Small Businesses
Act of 2021", is amended to read as follows:
§ 5. If a mortgagor provides a hardship declaration to the foreclosing
party or an agent of the foreclosing party, there shall be no initiation
of an action to foreclose a mortgage against the mortgagor until at
least [May 1] AUGUST 31, 2021, and in such event any specific time limit
for the commencement of an action to foreclose a mortgage shall be
tolled until [May 1] AUGUST 31, 2021.
§ 23. Sections 7 and 8 of subpart A of part B of chapter 73 of the
laws of 2021 establishing the "COVID-19 Emergency Protect Our Small
Businesses Act of 2021", are amended to read as follows:
§ 7. 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 [May 1] AUGUST 31, 2021. If
S. 6362--A 12
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.
§ 8. 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 [May 1]
AUGUST 31, 2021. If such hardship declaration is provided to the fore-
closing 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.
§ 24. Section 12 of subpart A of part B of chapter 73 of the laws of
2021 establishing the "COVID-19 Emergency Protect Our Small Businesses
Act of 2021", is amended to read as follows:
§ 12. This act shall take effect immediately and sections one, two,
three, four, five, six, seven, eight, nine and eleven of this act shall
expire [May 1] AUGUST 31, 2021.
§ 25. Subdivision 3 of section 2 of subpart B of part B of chapter
73 of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
Small Businesses Act of 2021", is amended to read as follows:
3. "Hardship Declaration" means the following 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
fifty 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:
1. Significant loss of revenue during the COVID-19 pandemic.
2. 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.
3. 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.
4. 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 does not fully make up for the loss of
revenue or increased expenses.
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 [May
1] AUGUST 31, 2021, if the business does not fully repay any missed or
partial payments and fees.
S. 6362--A 13
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."
§ 26. Subdivision 3 of section 3 of subpart B of part B of chapter
73 of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
Small Businesses Act of 2021", is amended to read as follows:
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 [May 1] AUGUST 31, 2021.
§ 27. Section 4 of subpart B of part B of chapter 73 of the laws of
2021 establishing the "COVID-19 Emergency Protect Our Small Businesses
Act of 2021", is amended to read as follows:
§ 4. This act shall take effect immediately and sections one and two
and subdivisions one, two, three, four and five of section three shall
expire [May 1] AUGUST 31, 2021.
§ 28. Subdivision 2 of section 1 of subpart C of part B of chapter 73
of the laws of 2021 establishing the "COVID-19 Emergency Protect Our
Small Businesses Act of 2021", is amended to read as follows:
2. Hardship declaration. For purposes of this act, "hardship declara-
tion" shall mean 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 [May 1] AUGUST 31,
2021.
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 fifty or fewer persons. My business is experiencing
financial hardship, and is unable to pay the mortgage in full because of
one or more of the following:
1. Significant loss of revenue during the COVID-19 pandemic.
2. 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.
3. Moving expenses and difficulty in securing an alternative commer-
cial property make it a hardship for the business to relocate to another
commercial property during the COVID-19 pandemic.
S. 6362--A 14
4. 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 does not fully make up for the loss of
revenue 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."
§ 29. Section 2 of subpart C of part B of chapter 73 of the laws of
2021 establishing the "COVID-19 Emergency Protect Our Small Businesses
Act of 2021", is amended to read as follows:
§ 2. This act take effect immediately and shall expire [May 1] AUGUST
31, 2021.
§ 30. This act shall take effect immediately and shall be deemed to
have been in full force and effect on May 1, 2021; provided, however,
that the amendments to parts A and B of chapter 381 of the laws of 2020
made by this act shall not affect the expiration of such parts and shall
be repealed therewith; and provided further, that the amendments to
parts A and B of chapter 73 of the laws of 2021 made by this act shall
not affect the expiration of such parts and shall be deemed to expire
therewith.
