Bill Text: NY S06853 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to amending the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020"; relates to amending the "COVID-19 Emergency Rental Assistance Program of 2021"; provides that local social services district shall not require proof of a pending court proceeding as a condition of eligibility for rental assistance; provides that no repayment agreement shall be required and no collection of overpayment conducted for certain assistance between March 7, 2020 and the later of the end of the state of emergency declared pursuant to executive order number 202 of 2020 or February 28, 2022.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06853 Detail]
Download: New_York-2021-S06853-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6853--B 2021-2022 Regular Sessions IN SENATE May 19, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 381 of the laws of 2020, establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020"; to amend chapter 56 of the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance Program of 2021"; and to amend the social services law, in relation to rental assistance; and to repeal certain provisions of the social services law upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 1 of part A of chapter 381 of the 2 laws of 2020, establishing the "COVID-19 Emergency Eviction and Foreclo- 3 sure Prevention Act of 2020", as amended by chapter 104 of the laws of 4 2021, is amended to read as follows: 5 4. "Hardship declaration" means the following statement, or a substan- 6 tially equivalent statement in the tenant's primary language, in 7 14-point type, published by the office of court administration, whether 8 in physical or electronic written form: 9 "NOTICE TO TENANT: If you have lost income or had increased costs 10 during the COVID-19 pandemic, or moving would pose a significant health 11 risk for you or a member of your household due to an increased risk for 12 severe illness or death from COVID-19 due to an underlying medical 13 condition, and you sign and deliver this hardship declaration form to 14 your landlord, you cannot be evicted until at least August 31, 2021 for 15 nonpayment of rent or for holding over after the expiration of your 16 lease. You may still be evicted for violating your lease by persistently 17 and unreasonably engaging in behavior that substantially infringes on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10590-13-1S. 6853--B 2 1 the use and enjoyment of other tenants or occupants or causes a substan- 2 tial safety hazard to others. 3 If your landlord has provided you with this form, your landlord must 4 also provide you with a mailing address and e-mail address to which you 5 can return this form. If your landlord has already started an eviction 6 proceeding against you, you can return this form to either your land- 7 lord, the court, or both at any time. You should keep a copy or picture 8 of the signed form for your records. You will still owe any unpaid rent 9 to your landlord. You should also keep careful track of what you have 10 paid and any amount you still owe. 11 For more information about legal resources that may be available to 12 you, go to www.nycourts.gov/evictions/nyc/ or call 718-557-1379 if you 13 live in New York City or go to www.nycourts.gov/evictions/outside-nyc/ 14 or call a local bar association or legal services provider if you live 15 outside of New York City. [Rent relief] Financial assistance may be 16 available to you, [and you] even if you have not qualified for assist- 17 ance in the past, under the COVID-19 Emergency Rental Assistance 18 Program. You should contact your local housing assistance office or 19 visit https://otda.ny.gov on the internet for information on how to 20 apply. 21 TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEMIC 22 I am a tenant, lawful occupant, or other person responsible for paying 23 rent, use and occupancy, or any other financial obligation under a lease 24 or tenancy agreement at (address of dwelling unit). 25 YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR EVICTION PROTECTION BY 26 SELECTING OPTION "A" OR "B", OR BOTH. 27 A. ( ) I am experiencing financial hardship, and I am unable to pay my 28 rent or other financial obligations under the lease in full or obtain 29 alternative suitable permanent housing because of one or more of the 30 following: 31 1. Significant loss of household income during the COVID-19 pandemic. 32 2. Increase in necessary out-of-pocket expenses related to performing 33 essential work or related to health impacts during the COVID-19 pandem- 34 ic. 35 3. Childcare responsibilities or responsibilities to care for an 36 elderly, disabled, or sick family member during the COVID-19 pandemic 37 have negatively affected my ability or the ability of someone in my 38 household to obtain meaningful employment or earn income or increased my 39 necessary out-of-pocket expenses. 40 4. Moving expenses and difficulty I have securing alternative housing 41 make it a hardship for me to relocate to another residence during the 42 COVID-19 pandemic. 43 5. Other circumstances related to the COVID-19 pandemic have negative- 44 ly affected my ability to obtain meaningful employment or earn income or 45 have significantly reduced my household income or significantly 46 increased my expenses. 47 To the extent that I have lost household income or had increased 48 expenses, any public assistance, including unemployment insurance, 49 pandemic unemployment assistance, disability insurance, or paid family 50 leave, that I have received since the start of the COVID-19 pandemic 51 does not fully make up for my loss of household income or increased 52 expenses.S. 6853--B 3 1 B. ( ) Vacating the premises and moving into new permanent housing would 2 pose a significant health risk because I or one or more members of my 3 household have an increased risk for severe illness or death from 4 COVID-19 due to being over the age of sixty-five, having a disability or 5 having an underlying medical condition, which may include but is not 6 limited to being immunocompromised. 7 I understand that I must comply with all other lawful terms under my 8 tenancy, lease agreement or similar contract. I further understand that 9 lawful fees, penalties or interest for not having paid rent in full or 10 met other financial obligations as required by my tenancy, lease agree- 11 ment or similar contract may still be charged or collected and may 12 result in a monetary judgment against me. I further understand that my 13 landlord may be able to seek eviction after August 31, 2021, and that 14 the law may provide certain protections at that time that are separate 15 from those available through this declaration. 16 Signed: 17 Printed name: 18 Date signed: 19 NOTICE: You are signing and submitting this form under penalty of law. 20 That means it is against the law to make a statement on this form that 21 you know is false." 22 § 2. The opening paragraph of section 1 and sections 2, 3, 4, 5, 6 and 23 8 of subpart A of part B of chapter 381 of the laws of 2020, establish- 24 ing the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 25 2020", sections 2, 5, and 8 as amended by chapter 104 of the laws of 26 2021, are amended to read as follows: 27 This section shall apply to any action to foreclose a mortgage relat- 28 ing to residential real property or a non-judicial foreclosure of shares 29 in a residential dwelling, provided the owner or mortgagor of such prop- 30 erty is a natural person, regardless of how title is held, and owns ten 31 or fewer dwelling units whether directly or indirectly. The [ten] fifty 32 or fewer dwelling units may be in more than one property or building as 33 long as the total aggregate number of [ten] fifty units includes the 34 primary residence [of] owned by the natural person requesting such 35 relief, if any, and the remaining units are currently occupied by a 36 tenant or are available for rent. 37 § 2. Definitions. For the purposes of this act, "Hardship Declaration" 38 means the following statement, or a substantially equivalent statement 39 in the mortgagor's primary language, in 14-point type, published by the 40 office of court administration, whether in physical or electronic writ- 41 ten form: 42 "NOTICE TO MORTGAGOR: If you have lost income or had increased costs 43 during the COVID-19 pandemic, and you sign and deliver this hardship 44 declaration form to your mortgage lender or the servicer of your mort- 45 gage or other foreclosing party, you cannot be foreclosed on until at 46 least August 31, 2021. 47 If your mortgage lender or mortgage servicer or other foreclosing 48 party provided you with this form, the mortgage lender or mortgage 49 servicer or other foreclosing party must also provide you with a mailing 50 address and e-mail address to which you can return this form. If you are 51 already in foreclosure proceedings, you may return this form to the 52 court with a copy sent simultaneously to the foreclosing plaintiff's 53 attorney. You should keep a copy or picture of the signed form for yourS. 6853--B 4 1 records. You will still owe any unpaid mortgage payments and lawful fees 2 to your lender. You may be eligible for forbearance under section 9-x of 3 the Banking Law if you have a mortgage with a state chartered bank or a 4 state licensed mortgage servicer. You should also keep careful track of 5 what you have paid and any amount you still owe. 6 For more information about the legal assistance that may be available 7 to you, please call the Homeowner Protection Program (HOPP) hotline at 8 (855) HOME-456 or (855) 466-3456 or visit https://homeownerhelpny.org/. 9 MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP 10 I am the mortgagor of the property at (address of dwelling unit). 11 Including my primary residence, I own, whether directly or indirectly, 12 [ten] fifty or fewer residential dwelling units. I am experiencing 13 financial hardship, and I am unable to pay my mortgage in full because 14 of one or more of the following: 15 1. Significant loss of household income during the COVID-19 pandemic. 16 2. Increase in necessary out-of-pocket expenses related to performing 17 essential work or related to health impacts during the COVID-19 pandem- 18 ic. 19 3. Childcare responsibilities or responsibilities to care for an 20 elderly, disabled, or sick family member during the COVID-19 pandemic 21 have negatively affected my ability or the ability of someone in my 22 household to obtain meaningful employment or earn income or increased my 23 necessary out-of-pocket expenses. 24 4. Moving expenses and difficulty I have securing alternative housing 25 make it a hardship for me to relocate to another residence during the 26 COVID-19 pandemic. 27 5. Other circumstances related to the COVID-19 pandemic have negative- 28 ly affected my ability to obtain meaningful employment or earn income or 29 have significantly reduced my household income or significantly 30 increased my expenses. 31 6. One or more of my tenants has defaulted on a significant amount of 32 their rent payments since March 1, 2020. 33 To the extent I have lost household income or had increased expenses, 34 any public assistance, including unemployment insurance, pandemic unem- 35 ployment assistance, disability insurance, or paid family leave, that I 36 have received since the start of the COVID-19 pandemic does not fully 37 make up for my loss of household income or increased expenses. 38 I understand that I must comply with all other lawful terms under my 39 mortgage agreement. I further understand that lawful fees, penalties or 40 interest for not having paid my mortgage in full as required by my mort- 41 gage agreement or any subsequent forebearance agreements to which I may 42 be entitled may still be charged or collected [and may result in a mone-43tary judgment against me]. I also understand that my mortgage lender or 44 mortgage servicer or other foreclosing party may pursue a foreclosure 45 action or non-judicial foreclosure against me on or after August 31, 46 2021, if I do not fully repay any missed or partial payments and lawful 47 fees. 48 Signed: 49 Printed Name: 50 Date Signed: 51 NOTICE: You are signing and submitting this form under penalty of law. 52 That means it is against the law to make a statement on this form that 53 you know is false." 54 § 3. Any action to foreclose a mortgage pending on the effective date 55 of this act, including actions filed on or before March 7, 2020, or 56 commenced within thirty days of the effective date of this act shall beS. 6853--B 5 1 stayed for at least sixty days, or to such later date that the chief 2 administrative judge shall determine is necessary to ensure that courts 3 are prepared to conduct proceedings in compliance with this act and to 4 give mortgagors an opportunity to submit the hardship declaration pursu- 5 ant to this act, unless the defendant waives such a stay. The court in 6 each case shall promptly issue an order directing such stay and promptly 7 mail the mortgagor a copy of the hardship declaration in English, and, 8 to the extent practicable, the mortgagor's primary language, if other 9 than English. 10 § 4. The foreclosing party shall include a "Hardship Declaration" in 11 14-point type, with every notice provided to a mortgagor pursuant to 12 sections 1303 and 1304 of the real property actions and proceedings law 13 or subsection (f) of section 9-611 of the uniform commercial code. If 14 the translation of the hardship declaration in the mortgagor's primary 15 language is not available on the office of court administration's public 16 website, as provided by section nine of this act, it shall be the fore- 17 closing party's responsibility to obtain a suitable translation of the 18 hardship declaration in the mortgagor's primary language. Such notice 19 shall also include a mailing address, telephone number and active email 20 address the mortgagor can use to contact the foreclosing party and 21 return the hardship declaration. 22 § 5. If a mortgagor provides a hardship declaration to the foreclosing 23 party or an agent of the foreclosing party, there shall be no initiation 24 of an action to foreclose a mortgage against the mortgagor until at 25 least August 31, 2021, and in such event [any specific time limit] the 26 statute of limitations for the commencement of an action to foreclose a 27 mortgage or a non-judicial foreclosure shall be tolled until August 31, 28 2021. 29 § 6. No court shall accept for filing any action to foreclose a mort- 30 gage, nor shall any mortgage lender or mortgage servicer commence any 31 non-judicial foreclosure sale pursuant to article 9 of the uniform 32 commercial code unless the foreclosing party or an agent of the fore- 33 closing party files an affidavit, under penalty of perjury: 34 (i) of service demonstrating the manner in which the foreclosing 35 party's agent served a copy of the hardship declaration in English and 36 the mortgagor's primary language, if other than English, with the 37 notice, if any, provided to the mortgagor pursuant to sections 1303 and 38 1304 of the real property actions and proceedings law, and 39 (ii) attesting that at the time of filing, neither the foreclosing 40 party nor any agent of the foreclosing party has received a hardship 41 declaration from the mortgagor. 42 At the earliest possible opportunity, the court shall seek confirma- 43 tion on the record or in writing that the mortgagor has received a copy 44 of the hardship declaration and that the mortgagor has not returned the 45 hardship declaration to the foreclosing party or an agent of the fore- 46 closing party. If the court determines a mortgagor has not received a 47 hardship declaration, then the court shall stay the proceeding for a 48 reasonable period of time, which shall be no less than [ten] 30 business 49 days or any longer period provided by law, to ensure the mortgagor 50 received and fully considered whether to submit the hardship declara- 51 tion. 52 § 8. 1. In any action to foreclose a mortgage in which a judgment of 53 sale has been issued prior to the effective date of this act but has not 54 yet been executed as of the effective date of this act, including 55 actions filed on or before March 7, 2020, the court shall stay the 56 execution of the judgment at least until the court has held a statusS. 6853--B 6 1 conference with the parties. In any action to foreclose a mortgage, if 2 the mortgagor provides a hardship declaration to the foreclosing party, 3 the court, or an agent of the foreclosing party or the court, prior to 4 the execution of the judgment, the execution shall be stayed until at 5 least August 31, 2021. If such hardship declaration is provided to the 6 foreclosing party or agent of the foreclosing party, such foreclosing 7 party or agent shall promptly file it with the court, advising the court 8 in writing the index number of all relevant cases. 9 2. In any non-judicial foreclosure of shares in a residential dwelling 10 where a sale has been scheduled prior to the effective date of this act 11 but has not yet occurred as of the effective date of this act, including 12 non-judicial foreclosures filed on or before March 7, 2020, the mortgage 13 lender or mortgage servicer or other foreclosing party shall not proceed 14 with such sale until at least the mortgage lender or mortgage servicer 15 or other foreclosing party has held a status conference with the mortga- 16 gor. In any non-judicial foreclosure of shares in a residential dwell- 17 ing, if the mortgagor provides a hardship declaration to the foreclosing 18 party prior to the sale, the sale shall be stayed until at least May 1, 19 2021. 20 § 3. Section 1, subdivision 3 of section 2, and subdivision 2 of 21 section 3 of subpart B of part B of chapter 381 of the laws of 2020, 22 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention 23 Act of 2020", subdivision 3 of section 2 as amended by chapter 104 of 24 the laws of 2021, are amended to read as follows: 25 Section 1. Application. This act shall apply to any action to fore- 26 close on delinquent taxes or [sell a] sales of tax [lien] liens relating 27 to residential real property, provided the owner or mortgagor of such 28 property is a natural person, regardless of how title is held, and owns 29 [ten] fifty or fewer dwelling units whether directly or indirectly. The 30 [ten] fifty or fewer dwelling units may be in more than one property or 31 building as long as the total aggregate number of [ten] fifty units 32 includes the primary residence of the natural person requesting such 33 relief, if any, and the remaining units are currently occupied by a 34 tenant or are available for rent. 35 (a) For purposes of this act, real property shall include shares in a 36 residential cooperative. 37 (b) For purposes of this act, real property shall not include property 38 that is vacant and abandoned, as defined in subdivision 2 of section 39 1309 of the real property actions and proceedings law, which was listed 40 on the statewide vacant and abandoned property electronic registry, as 41 defined in section 1310 of the real property actions and proceedings 42 law, prior to March 7, 2020 and that remains on such registry. 43 3. "Hardship Declaration" means the following statement, or a substan- 44 tially equivalent statement in the owner's primary language, in 14-point 45 type, whether in physical or electronic written form: 46 "OWNER DECLARATION OF COVID-19-RELATED HARDSHIP 47 I am the owner of the property at (address). Including my primary 48 residence, I own, whether directly or indirectly, [ten] fifty or fewer 49 residential dwelling units. I am experiencing financial hardship, and I 50 am unable to pay my full tax bill because of one or more of the follow- 51 ing: 52 1. Significant loss of household income during the COVID-19 pandemic. 53 2. Increase in necessary out-of-pocket expenses related to performing 54 essential work or related to health impacts during the COVID-19 pandem- 55 ic.S. 6853--B 7 1 3. Childcare responsibilities or responsibilities to care for an 2 elderly, disabled, or sick family member during the COVID-19 pandemic 3 have negatively affected my ability or the ability of someone in my 4 household to obtain meaningful employment or earn income or increased my 5 necessary out-of-pocket expenses. 6 4. Moving expenses and difficulty I have securing alternative housing 7 make it a hardship for me to relocate to another residence during the 8 COVID-19 pandemic. 9 5. Other circumstances related to the COVID-19 pandemic have negative- 10 ly affected my ability to obtain meaningful employment or earn income or 11 have significantly reduced my household income or significantly 12 increased my expenses. 13 6. One or more of my tenants has defaulted on a significant amount of 14 their rent payments since March 1, 2020. 15 To the extent that I have lost household income or had increased 16 expenses, any public assistance, including unemployment insurance, 17 pandemic unemployment assistance, disability insurance, or paid family 18 leave, that I have received since the start of the COVID-19 pandemic 19 does not fully make up for my loss of household income or increased 20 expenses. 21 I understand that lawful fees, penalties or interest for not having 22 paid my taxes in full may still be charged or collected and may result 23 in a foreclosure action against me on or after August 31, 2021, if I do 24 not fully repay any missed or partial payments and fees. 25 Signed: 26 Printed Name: 27 Date Signed: 28 NOTICE: You are signing and submitting this form under penalty of law. 29 That means it is against the law to make a statement on this form that 30 you know is false." 31 2. At least thirty days prior to the date on which a sale of a tax 32 lien is scheduled to occur, or upon the filing of a petition of foreclo- 33 sure of a tax lien, the enforcing officer or other person or entity 34 conducting such tax lien sale or tax foreclosure shall notify the owner 35 of the affected property of such owner's rights under this act and shall 36 notify the owner that a copy of the hardship declaration can be accessed 37 on the New York State Department of Tax and Finance's website and also 38 provide a [link to such] copy of the declaration form. For the purposes 39 of this act, "enforcing officer" shall have the same meaning as defined 40 in subdivision 3 of section 1102 of the real property tax law. The New 41 York State Department of Tax and Finance shall publish a copy of the 42 hardship declaration on its website. 43 § 4. The opening paragraph of subdivision 1 and subdivision 2 of 44 section 1 of subpart C of part B of chapter 381 of the laws of 2020, 45 establishing the "COVID-19 Emergency Eviction and Foreclosure Prevention 46 Act of 2020", subdivision 2 of section 1 as amended by chapter 104 of 47 the laws of 2021, are amended to read as follows: 48 This act shall apply to an owner of residential real property, 49 provided the owner or mortgagor of such property is a natural person, 50 regardless of how title is held, and owns [ten] fifty or fewer dwelling 51 units whether directly or indirectly. The [ten] fifty or fewer dwelling 52 units may be in more than one property or building as long as the total 53 aggregate number of [ten] fifty units includes the primary residence 54 [of] owned by the natural person requesting such relief, if any, and the 55 remaining units are currently occupied by a tenant or are available for 56 rent.S. 6853--B 8 1 2. Hardship declaration. For purposes of this act, "hardship declara- 2 tion" shall mean the following statement, or a substantially equivalent 3 statement in the owner or mortgagor's primary language, in 14-point 4 type, whether in physical or electronic written form, and the department 5 of financial services shall publish a copy of the hardship declaration 6 on its website: 7 "NOTICE TO OWNER/MORTGAGOR: If you have lost income or had increased 8 costs due to the COVID-19 pandemic, and you sign and deliver this hard- 9 ship declaration form to your lending institution, you cannot be 10 discriminated against in the determination of whether credit should be 11 extended or reported negatively to a credit reporting agency until at 12 least August 31, 2021. 13 If a lending institution provided you with this form, the lending 14 institution must also provide you with a mailing address and e-mail 15 address to which you can return this form. You should keep a copy or 16 picture of the signed form for your records. 17 OWNER/MORTGAGOR DECLARATION OF COVID-19-RELATED HARDSHIP 18 I am the OWNER/MORTGAGOR of the property at (address of dwelling 19 unit). Including my primary residence, I own, whether directly or indi- 20 rectly, [ten] fifty or fewer residential dwelling units. I am experi- 21 encing financial hardship, and I am unable to pay my mortgage in full 22 because of one or more of the following: 23 1. Significant loss of household income during the COVID-19 pandemic. 24 2. Increase in necessary out-of-pocket expenses related to performing 25 essential work or related to health impacts during the COVID-19 pandem- 26 ic. 27 3. Childcare responsibilities or responsibilities to care for an 28 elderly, disabled, or sick family member during the COVID-19 pandemic 29 have negatively affected my ability or the ability of someone in my 30 household to obtain meaningful employment or earn income or increased my 31 necessary out-of-pocket expenses. 32 4. Moving expenses and difficulty I have securing alternative housing 33 make it a hardship for me to relocate to another residence during the 34 COVID-19 pandemic. 35 5. Other circumstances related to the COVID-19 pandemic have negative- 36 ly affected my ability to obtain meaningful employment or earn income or 37 have significantly reduced my household income or significantly 38 increased my expenses. 39 6. One or more of my tenants has defaulted on a significant amount of 40 their rent payments since March 1, 2020. 41 To the extent that I have lost household income or had increased 42 expenses, any public assistance, including unemployment insurance, 43 pandemic unemployment assistance, disability insurance, or paid family 44 leave, that I have received since the start of the COVID-19 pandemic 45 does not fully make up for my loss of household income or increased 46 expenses. 47 Signed: 48 Printed Name: 49 Date Signed: 50 NOTICE: You are signing and submitting this form under penalty of law. 51 That means it is against the law to make a statement on this form that 52 you know is false." 53 § 5. Section 2 of section 1 of subpart A of part BB of chapter 56 of 54 the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance 55 Program of 2021", is amended by adding a new subdivision 13 to read as 56 follows:S. 6853--B 9 1 13. "Municipal emergency rental assistance program" shall mean a 2 program providing rental assistance, utility assistance, or both using 3 federal emergency rental assistance program funds, administered by a 4 municipal corporation that has not chosen to participate in the state- 5 wide program pursuant to subdivision three of section three of this act. 6 § 6. Subdivision 3 of section 3 of section 1 of subpart A of part BB 7 of chapter 56 of the laws of 2021, establishing the "COVID-19 Emergency 8 Rental Assistance Program of 2021", is amended to read as follows: 9 3. The commissioner shall develop and promulgate a form outlining the 10 obligations of each municipal corporation that chooses to participate in 11 the statewide program. Those municipal corporations who choose to 12 participate shall remit such form to the office of temporary and disa- 13 bility assistance within 10 business days from the date of issuance. At 14 such time that the municipal corporation has affirmed their partic- 15 ipation, upon receipt of the completed form by the office of temporary 16 and disability assistance and the director of the budget, and the feder- 17 al department of the treasury, the municipal corporation shall remit 18 their allocation of funds to the state in such manner as determined by 19 the division of the budget. Provided, after the office has acknowledged 20 receipt of the completed form, residents of such municipality shall be 21 entitled to benefit from funds made available for this purpose, subject 22 to the continued availability of funds. Provided further, if a munici- 23 pality that chooses not to participate has exhausted their allocation of 24 funds, residents of such municipality shall be entitled to benefit from 25 funds made available for this purpose under the statewide program in the 26 same manner as residents of municipalities who choose to participate, 27 subject to the continued availability of funds. 28 § 7. Subparagraph (i) of paragraph (a) of subdivision 1 of section 5 29 of section 1 of subpart A of part BB of chapter 56 of the laws of 2021, 30 establishing the "COVID-19 Emergency Rental Assistance Program of 2021", 31 is amended to read as follows: 32 (i) is a tenant or occupant obligated to pay rent in their primary 33 residence in the state of New York, including both tenants and occupants 34 of dwelling units and manufactured home tenants[, provided however that35occupants of federal or state funded subsidized public housing authori-36ties or other federal or state funded subsidized housing that limits the37household's share of the rent to a set percentage of income shall only38be eligible to the extent that funds are remaining after serving all39other eligible populations]; 40 § 8. Section 8 of section 1 of subpart A of part BB of chapter 56 of 41 the laws of 2021, establishing the "COVID-19 Emergency Rental Assistance 42 Program of 2021", is amended to read as follows: 43 § 8. Restrictions on eviction. 1. Eviction proceedings for a holdover 44 or expired lease, or non-payment of rent or utilities that would be 45 eligible for coverage under this program or a municipal emergency rental 46 assistance program shall not be commenced against a household who has 47 applied for this program or a municipal emergency rental assistance 48 program unless or until a determination of ineligibility is made. If 49 such eviction proceedings are commenced against a household who subse- 50 quently applies for benefits under this program or a municipal emergency 51 rental assistance program, all proceedings shall be stayed pending a 52 determination of eligibility. Evidence of a payment received pursuant to 53 this act or a municipal emergency rental assistance program may be 54 presented in such proceeding and create a presumption that the tenant's 55 or occupant's rent or utility obligation for the time period covered by 56 the payment has been fully satisfied.S. 6853--B 10 1 2. Nothing in subdivision one of this section shall prevent eviction 2 proceedings from being commenced or shall cause eviction proceedings to 3 be stayed if the tenant is persistently and unreasonably engaging in 4 behavior that substantially infringes on the use and enjoyment of other 5 tenants or occupants or causes a substantial safety hazard to others, 6 provided: (a) if an eviction proceeding is pending on the date a house- 7 hold applies for this program or a municipal emergency rental assistance 8 program, but the petitioner has not previously alleged that the tenant 9 persistently and unreasonably engaged in such behavior, the petitioner 10 shall be required to submit a new petition with such allegations and 11 comply with all notice and service requirements under article 7 of the 12 real property actions and proceedings law and this section; (b) if the 13 court has awarded a judgment against a respondent prior to the date a 14 household applies for this program or a municipal emergency rental 15 assistance program on the basis of objectionable or nuisance behavior, 16 the court shall hold a hearing to determine whether the tenant is 17 continuing to persist in engaging in unreasonable behavior that substan- 18 tially infringes on the use and enjoyment of other tenants or occupants 19 or causes a substantial safety hazard to others; (c) for the purposes of 20 this section, a mere allegation of the behavior by the petitioner or an 21 agent of the petitioner alleging such behavior shall not be sufficient 22 evidence to establish that the tenant has engaged in such behavior; (d) 23 if the petitioner fails to establish that the tenant persistently and 24 unreasonably engaged in such behavior and the tenant has applied for 25 this program or a municipal emergency rental assistance program, the 26 court shall stay or continue to stay any further proceedings unless or 27 until a determination of ineligibility is made; and (e) if the petition- 28 er establishes that the tenant persistently and unreasonably engaged in 29 such behavior, if the tenant has not applied for this program or a 30 municipal emergency rental assistance program, or if a determination of 31 ineligibility for this program or a municipal emergency rental assist- 32 ance program has been made, the proceeding may continue pursuant to 33 article 7 of the real property actions and proceedings law and this 34 section. 35 § 9. Subdivision 1 of section 9 of section 1 of subpart A of part BB 36 of chapter 56 of the laws of 2021, establishing the "COVID-19 Emergency 37 Rental Assistance Program of 2021", is amended to read as follows: 38 1. Payments shall be made for rental payments or rental and utility 39 arrears accrued on or after March 13, 2020. No more than [12] 18 months 40 of rental and/or utility assistance for arrears [and 3 months of41prospective rental assistance] may be paid on behalf of any eligible 42 household. To the extent the commissioner finds that adequate federal 43 funding is available after accounting for actual payments of rental and 44 utility assistance for arrears to eligible households and estimated 45 amounts of such arrears projected to be paid on behalf of eligible 46 households who have applied for the program, up to 3 months of prospec- 47 tive rental assistance may be paid on behalf of an eligible household. 48 Provided, however that only rent burdened households shall be eligible 49 to receive prospective rent payments and provided further that in no 50 event may the total combined amount of rental arrears and prospective 51 rent paid on behalf of any household exceed 18 months. 52 § 10. Paragraph (d) of subdivision 2 of section 9 of section 1 of 53 subpart A of part BB of chapter 56 of the laws of 2021, establishing the 54 "COVID-19 Emergency Rental Assistance Program of 2021", is amended and a 55 new paragraph (e) is added to read as follows:S. 6853--B 11 1 (d) Acceptance of payment for rent or rental arrears from this program 2 or a municipal emergency rental assistance program shall constitute 3 agreement by the recipient landlord or property owner: (i) that the 4 arrears covered by this payment are satisfied and will not be used as 5 the basis for a non-payment eviction; (ii) to waive any late fees due on 6 any rental arrears paid pursuant to this program or a municipal emergen- 7 cy rental assistance program; (iii) to not increase the monthly rent due 8 for the dwelling unit such that it shall not be greater than the amount 9 that was due at the time of application to [the] this program or a 10 municipal emergency rental assistance program for any and all months for 11 which rental assistance is received and for one year after the first 12 rental assistance payment is received unless otherwise required by 42 13 USC §1437a(a)(1); (iv) except as provided in paragraph (e) of this 14 subdivision, not to evict for reason of expired lease or holdover tenan- 15 cy any household on behalf of whom rental assistance is received for 12 16 months after the first rental assistance payment is received, unless the 17 dwelling unit that is the subject of the lease or rental agreement is 18 located in a building that contains 4 or fewer units, in which case the 19 landlord may decline to extend the lease or tenancy if the landlord 20 intends to immediately occupy the unit for the landlord's personal use 21 as a primary residence or the use of an immediate family member as a 22 primary residence; and (v) to notify the tenant of the protections 23 established under this subdivision. 24 (e) Nothing in paragraph (d) of this subdivision shall prevent 25 eviction proceedings from being commenced or shall cause eviction 26 proceedings to be stayed if the tenant is persistently and unreasonably 27 engaging in behavior that substantially infringes on the use and enjoy- 28 ment of other tenants or occupants or causes a substantial safety hazard 29 to others, provided: (i) if an eviction proceeding is pending on the 30 date a landlord or property owner accepts payment for rent or rental 31 arrears from this program or a municipal emergency rental assistance 32 program, but the petitioner has not previously alleged that the tenant 33 persistently and unreasonably engaged in such behavior, the petitioner 34 shall be required to submit a new petition with such allegations and 35 comply with all notice and service requirements under article 7 of the 36 real property actions and proceedings law and this paragraph; (ii) if 37 the court has awarded a judgment against a respondent prior to the date 38 a landlord or property owner accepts payment for rent or rental arrears 39 from this program or a municipal emergency rental assistance program on 40 the basis of objectionable or nuisance behavior, the court shall hold a 41 hearing to determine whether the tenant is continuing to persist in 42 engaging in unreasonable behavior that substantially infringes on the 43 use and enjoyment of other tenants or occupants or causes a substantial 44 safety hazard to others; (iii) for the purposes of this paragraph, a 45 mere allegation of the behavior by the petitioner or an agent of the 46 petitioner alleging such behavior shall not be sufficient evidence to 47 establish that the tenant has engaged in such behavior; (iv) if the 48 petitioner fails to establish that the tenant persistently and unreason- 49 ably engaged in such behavior and the landlord or property owner accepts 50 payment for rent or rental arrears from this program or a municipal 51 emergency rental assistance program, the court shall stay or continue to 52 stay any further proceedings until the 12 month period provided for in 53 paragraph (d) of this subdivision has elapsed; and (v) if the petitioner 54 establishes that the tenant persistently and unreasonably engaged in 55 such behavior, the proceeding may continue pursuant to article 7 of the 56 real property actions and proceedings law and this paragraph.S. 6853--B 12 1 § 11. Sections 10 and 11 of section 1 of subpart A of part BB of chap- 2 ter 56 of the laws of 2021, establishing the "COVID-19 Emergency Rental 3 Assistance Program of 2021", are amended to read as follows: 4 § 10. No repayment and assistance not considered income. Eligible 5 households shall not be expected or required to repay any assistance 6 granted through this program, except in instances of fraud perpetrated 7 by such household. Landlords shall not be expected or required to repay 8 any funds paid through this program except in instances of duplicate 9 payments or fraud perpetrated by the landlord. Assistance granted 10 through this program or a municipal emergency rental assistance program 11 shall not be considered income for purposes of eligibility for public 12 benefits or other public assistance to the extent allowed by law, but 13 shall be considered a "source of income" for purposes of the protections 14 against housing discrimination provided under section 296 of the human 15 rights law. There shall be no requirement for applicants to seek assist- 16 ance from other sources, including charitable contributions, in order to 17 be eligible for assistance under this program. 18 § 11. Notice to tenants in eviction proceedings. In any eviction 19 proceeding pending as of the effective date of this article and any 20 eviction proceeding filed while applications are being accepted for 21 assistance pursuant to this article or a municipal emergency rental 22 assistance program, the court shall promptly make available to the 23 respondent information regarding how the respondent may apply for such 24 assistance in English, and, to the extent practicable, in the respond- 25 ent's primary language, if other than English. 26 § 12. The social services law is amended by adding a new section 131- 27 bb to read as follows: 28 § 131-bb. Proof of eligibility for rental assistance. Under no circum- 29 stances shall a local social services district require proof that a 30 court proceeding has been initiated against a tenant as a condition of 31 eligibility for a rent arrears grant or ongoing rental assistance 32 including rental assistance provided pursuant to this article. 33 § 13. Section 131-w of the social services law, as added by chapter 41 34 of the laws of 1992, is amended to read as follows: 35 § 131-w. Limitations in the payment of rent arrears. 1. Districts 36 shall not provide assistance to pay rent arrears, property taxes or 37 mortgage arrears for persons not eligible for home relief, aid to 38 dependent children, emergency assistance to needy families with children 39 or emergency assistance for aged, blind and disabled persons, except to 40 persons who are without income or resources immediately available to 41 meet the emergency need, whose gross household income does not exceed 42 one hundred twenty-five percent of the federal income official poverty 43 line and who sign a repayment agreement agreeing to repay the assistance 44 in a period not to exceed twelve months. The districts shall enforce 45 the repayment agreements by any legal method available to a creditor, in 46 addition to any rights it has pursuant to this chapter. The department 47 shall promulgate regulations to implement this section which shall, 48 among other things, establish standards for the contents of repayment 49 agreements and establish standards to ensure that assistance is provided 50 only in emergency circumstances. 51 2. Notwithstanding the provisions of subdivision one of this section, 52 no repayment agreement shall be required for assistance provided between 53 March seventh, two thousand twenty and February twenty-eighth, two thou- 54 sand twenty-two. Any payment due and owing under this section shall be 55 suspended until the later of the end of the state of emergency declared 56 pursuant to executive order number 202 of 2020 or February twenty-S. 6853--B 13 1 eighth, two thousand twenty-two. Districts shall not require any house- 2 hold who is otherwise eligible for assistance pursuant to this section 3 to demonstrate a future ability to pay rent or repay any assistance 4 provided under this section in order to receive assistance pursuant to 5 this section until the later of the end of the state of emergency 6 declared pursuant to executive order number 202 of 2020 or February 7 twenty-eighth, two thousand twenty-two. 8 § 14. Subdivision 1 of section 131-s of the social services law, as 9 amended by chapter 318 of the laws of 2009, is amended to read as 10 follows: 11 1. (a) In the case of a person applying for public assistance, supple- 12 mental security income benefits or additional state payments pursuant to 13 this chapter, the social services official of the social services 14 district in which such person resides shall, unless alternative payment 15 or living arrangements can be made, make a payment to a gas corporation, 16 electric corporation or municipality for services provided to such 17 person during a period of up to, but not exceeding, four months imme- 18 diately preceding the month of application for such assistance or bene- 19 fits if such payment is needed to prevent shut-off or to restore 20 service. Persons whose gross household income exceeds the public assist- 21 ance standard of need for the same size household must sign a repayment 22 agreement to repay the assistance within two years of the date of 23 payment as a condition of receiving assistance, in accordance with regu- 24 lations established by the department. Such repayment agreement may be 25 enforced in any manner available to a creditor, in addition to any 26 rights the district may have pursuant to this chapter. 27 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 28 sion, no repayment agreement shall be required for assistance provided 29 between March seventh, two thousand twenty and the later of the end of 30 the state of emergency declared pursuant to executive order number 202 31 of 2020 or February twenty-eighth, two thousand twenty-two. 32 § 15. Section 106-b of the social services law, as amended by chapter 33 81 of the laws of 1995, is amended to read as follows: 34 § 106-b. Adjustment for incorrect payments. 1. Any inconsistent 35 provision of law notwithstanding, a social services official shall, in 36 accordance with the regulations of the department and consistent with 37 federal law and regulations, take all necessary steps to correct any 38 overpayment or underpayment to a public assistance recipient; provided, 39 however, that a social services official may waive recovery of a past 40 overpayment, in the case of an individual who is not currently a recipi- 41 ent of public assistance, where the cost of recovery is greater than the 42 cost of collections as determined in accordance with department regu- 43 lations consistent with federal law and regulations. For purposes of 44 this section, overpayment shall include payments made to an eligible 45 person in excess of his or her needs as defined in this chapter and 46 payments made to ineligible persons (including payments made to such 47 persons pending a fair hearings decision). The commissioner shall 48 promulgate regulations to implement procedures for correcting overpay- 49 ments and underpayments. The procedures for correcting overpayments 50 shall be designed to minimize adverse impact on the recipient, and to 51 the extent possible avoid undue hardship. Notwithstanding any other 52 provision of law to the contrary, no underpayment shall be corrected 53 with respect to a person who is currently not eligible for or in receipt 54 of home relief or aid to dependent children, except that corrective 55 payments may be made with respect to persons formerly eligible for or inS. 6853--B 14 1 receipt of aid to dependent children to the extent that federal law and 2 regulations require. 3 2. Notwithstanding the provisions of subdivision one of this section, 4 no collection of overpayments shall be conducted, regardless of when the 5 overpayment accrued, until the later of the end of the state of emergen- 6 cy declared pursuant to executive order number 202 of 2020 or February 7 twenty-eighth, two thousand twenty-two. 8 § 16. The social services law is amended by adding a new section 131- 9 cc to read as follows: 10 § 131-cc. Family homelessness and eviction prevention supplement 11 program. Notwithstanding any other provision of law to the contrary, 12 for a local social services district with a population of five million 13 or more, the commissioner shall designate such local social services 14 district to make rent supplements available to eligible families under 15 the family homelessness and eviction prevention supplement ("FHEPS") 16 program, and to administer the program in accordance with a plan 17 approved pursuant to 18 N.Y.C.R.R. § 352.3(a)(3), provided however, 18 that the maximum rent for such rent supplements shall be set at the 19 United States department of housing and urban development's fair market 20 rent level. The state shall reimburse the local social services district 21 for payments made under the FHEPS program in a manner consistent with 22 title two of this article. 23 § 17. Severability clause. If any clause, sentence, paragraph, subdi- 24 vision, section or part of this act shall be adjudged by any court of 25 competent jurisdiction to be invalid, such judgment shall not affect, 26 impair, or invalidate the remainder of this act, but shall be confined 27 in its operation to the clause, sentence, paragraph, subdivision, 28 section or part of this act directly involved in the controversy in 29 which such judgment shall have been rendered. It is hereby declared to 30 be the intent of the legislature that this act would have been enacted 31 even if such invalid clause, sentence, paragraph, subdivision, section 32 or part had not been included herein. 33 § 18. This act shall take effect immediately; provided, however, that 34 the amendments to parts A and B of chapter 381 of the laws of 2020 made 35 by this act shall not affect the expiration of such parts and shall 36 expire therewith; provided further that the amendments to subpart A of 37 part BB of chapter 56 of the laws of 2021 made by this act shall not 38 affect the expiration of such subpart and shall be deemed repealed ther- 39 ewith; and provided, further that sections twelve, thirteen, fourteen 40 and fifteen of this act shall expire and be deemed repealed at the later 41 of the end of the state of emergency declared pursuant to executive 42 order number 202 of 2020 or February 28, 2022.
