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New York Bill Would Extend Eviction, Foreclosure Prevention

Posted on Aug. 10, 2021

A New York bill would extend protections against foreclosures, evictions, and property tax lien sales in response to the spread of the delta variant of COVID-19. 

S. 7315, introduced August 6 and sponsored by Sen. Alessandra Biaggi (D), would extend until October 31 the state's moratorium on evictions, foreclosures, and property tax lien sales, which is set to expire August 31. The protections were enacted under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act of 2021. 

Tenants, mortgagors, and commercial property owners are required to submit a document explaining the reason for hardship to qualify for the extension.

“With the rise of the highly contagious delta variant, we must remain mindful of the public health crisis that a wave of evictions will cause. No family should ever have to face eviction, most especially in the middle of a global pandemic where shelters may put them at high risk of contracting the virus,” according to the bill’s sponsor memorandum.

According to the memo, the bill would also provide the opportunity for commercial tenants to receive federal and state assistance program funding.

The moratorium was extended to August 31 under legislation signed by Gov. Andrew Cuomo (D) in May.

The bill’s memo also notes that the legislature recently created the Emergency Rental Assistance Program to provide up to 12 months of rental arrears and three months of prospective rental assistance to some tenants who had lost income because of the pandemic. However, by the end of July, only a tiny portion of applicants — 55 out of 160,000 — had received funds, according to the memo.

“With the August 31st deadline looming, many families are worried they will not receive rental assistance in time and could be evicted,” the memo says.

By extending the deadlines, the bill would help tenants and landlords to take advantage of the Emergency Rental Assistance Program.

The bill has been referred to the Senate Rules Committee.

Biaggi’s office did not respond to a request for comment by press time.

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