NY.- He New Governor Andrew Cuomo announced this Monday that it will extend the moratorium on eviction of residential homes until May by Executive Order, through an agreement with the State Legislature.
The measure, specifically a radical eviction ban passed by the state Legislature, prompted immediate pushback from homeowner groups who say the rule will hurt distressed homeowners, while tenant advocates warned it is just a solution. temporary.
“We have been working with legislators on a law that will also extend the moratorium on evictions. We want to make sure that homeowners are protected, that it doesn’t affect their credit rating. There is no foreclosure, ”Cuomo added, anticipating that he will sign the law immediately.
The Governor’s Executive Order (202.83) allows local governments to automatically renew these exemptions and will also allow exemption increases if the owner is entitled to one.
He National Council of State Housing Agencies commissioned a report earlier this year estimating that New York could face a rental deficit of up to $ 3.4 billion in January.
“We want to protect tenants, we want to keep it simple. We do not want people to be evicted, we do not want them to have to go to court to fight eviction ”, insisted the state executive
Cuomo imposed a moratorium on home evictions early in the COVID-19 pandemic to prevent New Yorkers from having to overburden housing courts, as well as widespread homelessness, as a number of industries stood still in interest. to stop the spread.
Ava Farkas, executive director of the Met Council on Housing, commented that this moratorium is not enough and should be extended to at least the end of 2021, at a minimum, to ensure that tenants have time to recover.
“This legislation is a testament to the power of tenants to organize and win, particularly in black and Hispanic communities disproportionately affected by the pandemic. We look forward to Governor Cuomo’s immediate signature on this bill, ”added Farkas.
Meanwhile, Jay Martin, executive director of the Community Housing Improvement Program, a group of homeowners, called the move a “stalling tactic.” “No tenant facing financial difficulties should be evicted during a pandemic, but the cost of providing free housing cannot be borne by the owners.”
Martin insisted that if tenants interpret this bill as a justification for not paying rent, the damage to our economy and local budgets will be immense.
The “strongest moratorium law in the country”
The bill passed by the Senate Democratic majority extends the moratorium until May 1, the current suspension expiring on January 1.
The COVID-19 Foreclosure Prevention and Emergency Evictions Act (S.9114 / A.11181), It is according to the legislators who supported it, lto “the strongest eviction moratorium law in the nation.”
“The bill passed by a majority of the Senate will help ensure that New York renters, homeowners and smallholders do not have to fear being evicted from their homes if they have been affected by this pandemic and economic crisis.” Said the Senate Majority Leader, Andrea Stewart Cousins.
This legislation will block eviction procedures and help ensure that New York tenants and landlords can stay in their homes if they face hardship due to this pandemic.
Cousins singled out the president of the Housing Committee of the Senate, the senator Brian kavanagh for his leadership on this issue, both his colleagues in the Senate majority for taking this historic action.
“We will continue to lead New York State through this crisis and provide real relief to help New Yorkers in need,” said the Democratic leader.
The approved bill will allow any pending eviction proceeding, or any initiated within 30 days after the effective date of this legislation, to be suspended for at least 60 days to give tenants the opportunity to file a declaration of difficulties.
“Since the beginning of the COVID-19 pandemic, we have understood that home security must be an essential part of our effort to protect the health and well-being of all New Yorkers,” said the senador Kavanagh.
Scope of the new law
Eviction Prevention: This bill creates a Standardized Hardship Declaration Form, which tenants can submit to their landlord or court to prevent or stop an eviction if they have a financial hardship related to, or during COVID-19, that prevents them from being able to pay your rent in its entirety or move out; or if someone in the household is at increased risk for serious illness from COVID.
- The form allows tenants to declare financial hardship if they have lost income; health, child care, or other family care expenses have increased; You have been unable to obtain meaningful employment due to circumstances related to COVID-19; or you can’t afford moving expenses.
- Once the tenant has signed this form, they can return it to their landlord or to a court to prevent the landlord from filing an eviction or suspending an eviction proceeding already in progress until May 1, 2021, in addition to other protections.
Protection against foreclosures: The law provides protections against foreclosure and sales of tax lien to any residential owner who owns ten or fewer housing units, including their own primary residence.
- Homeowners will be able to access protection from foreclosure and sale of tax liens by filing a standardized hardship declaration form with their mortgage lender, local advisor, or in court, similar to the one created by the eviction protection proposal .
- Owners with more than ten units in total are excluded from these protections.
- Ban negative credit reports and discrimination in the granting of credit: This bill protects the owner from credit discrimination if the owner has fallen behind on the mortgage payments on the property in which he resides or has received a suspension of foreclosure, tax foreclosure, or property sales tax lien.
- Homeowners will use the same Hardship Statement to avoid credit discrimination based on their mortgage arrears on the property in which that owner resides.
- The legislation limits these new protections only to single-home residences, co-ops, owner-occupied multi-family primary residences with one to nine rental units.