Bill Text: NY S01585 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that no sheriff shall take action with respect to the execution of a money judgment until the conclusion of the state disaster emergency declared pursuant to executive order 202, and then not for an additional six months for parties who suffered a substantial loss of income due to COVID-19.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S01585 Detail]
Download: New_York-2021-S01585-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1585 2021-2022 Regular Sessions IN SENATE January 13, 2021 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT in relation to ceasing the execution of money judgments by a sheriff due to the impacts of COVID-19 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. 1. Notwithstanding any provision of law to the contrary, 2 prior to the later of September 30, 2020 or the conclusion of the state 3 disaster emergency declared pursuant to executive order 202, no sheriff 4 shall take action with respect to the execution of a money judgment 5 unless: 6 (a) such action or type of action has been ordered by the governor 7 pursuant to article 2-B of the executive law or is necessary in order to 8 carry out an order issued by the governor pursuant to such article; or 9 (b) such action or type of action is in connection with a matter under 10 the jurisdiction of the family court. 11 2. Notwithstanding any provision of law to the contrary, prior to the 12 later of April 1, 2021 or six months following the conclusion of the 13 state disaster emergency declared pursuant to executive order 202, no 14 sheriff shall take action with respect to the execution of a money judg- 15 ment unless: 16 (a) such action or type of action has been ordered by the governor 17 pursuant to article 2-B of the executive law or is necessary in order to 18 carry out an order issued by the governor pursuant to such article; 19 (b) such action or type of action is in connection with a matter under 20 the jurisdiction of the family court; or 21 (c) the party against whom such taking and restitution or such 22 execution is sought has been provided a reasonable opportunity to show 23 the court having jurisdiction over the matter that such party suffered a 24 substantial loss of income because of novel coronavirus, COVID-19, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00144-02-1S. 1585 2 1 such court has found that such party has not suffered such a loss or has 2 effectively waived such opportunity. 3 3. For the purposes of subdivision 2 of this section, a party has 4 suffered a substantial loss of income because of COVID-19 in the follow- 5 ing instances: 6 (a) The party is a natural person and between March 7, 2020 and the 7 conclusion of the state disaster emergency declared pursuant to execu- 8 tive order 202, inclusive, experienced two or more weeks in which (i) 9 the person claimed federal or state unemployment insurance benefits in 10 connection with a claim that was filed on or after March 7, 2020 or (ii) 11 the person worked fewer than three days and earned less than $504 12 because of one or more of the following situations: 13 (1) the person was diagnosed with COVID-19 or was experiencing symp- 14 toms of COVID-19 and seeking a medical diagnosis; 15 (2) a member of the person's household was diagnosed with COVID-19; 16 (3) the person was providing care for a family member or a member of 17 the person's household who was diagnosed with COVID-19; 18 (4) a member of the person's household for whom the person had primary 19 caregiving responsibility was unable to attend school or another facili- 20 ty that was closed as a direct result of the state disaster emergency 21 declared pursuant to executive order 202 and such school or facility 22 care was required for the person to work; 23 (5) the person was unable to reach the person's place of employment 24 because of a quarantine imposed as a direct result of the state disaster 25 emergency declared pursuant to executive order 202; 26 (6) the person was unable to reach the person's place of employment 27 because the person had been advised by a health care provider to self- 28 quarantine due to concerns related to COVID-19; 29 (7) the person was scheduled to commence employment and did not have a 30 job or was unable to reach the job as a direct result of the state 31 disaster emergency declared pursuant to executive order 202; 32 (8) the person became the breadwinner or major supporter for a house- 33 hold because the head of the household died as a direct result of 34 COVID-19; 35 (9) the person quit a job as a direct result of COVID-19; or 36 (10) the person's place of employment is closed as a direct result of 37 the state disaster emergency declared pursuant to executive order 202; 38 (b) The party is a business and (i) it was subject to seating, occu- 39 pancy or on-premises service limitations pursuant to an executive order 40 issued by the governor during the state disaster emergency declared 41 pursuant to executive order 202 or (ii) its revenues for any three-month 42 period between March 7, 2020 and the conclusion of the state disaster 43 emergency declared pursuant to executive order 202, inclusive, were less 44 than 50% of its revenues for the same period in 2019 or less than 50% of 45 its aggregate revenues for the months of December 2019, January 2020, 46 and February 2020; or 47 (c) The party is a natural person who is being held liable for a debt 48 or other obligation of a business that satisfies the requirements of 49 paragraph (b) of this subdivision. 50 § 2. This act shall take effect immediately.
