Bill Text: NY S08192 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2020-06-30 - APPROVAL MEMO.2 [S08192 Detail]

Download: New_York-2019-S08192-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8192--B

                    IN SENATE

                                     April 13, 2020
                                       ___________

        Introduced  by  Sens.  HOYLMAN,  KRUEGER,  MAYER, JACKSON, LIU, METZGER,
          MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed,  and  when
          printed  to  be  committed  to the Committee on Judiciary -- 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  in  relation to prohibiting the eviction of residential tenants
          who have suffered financial hardship during the COVID-19 covered peri-
          od

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  For  the  purposes of this act, "COVID-19 covered period"
     2  means March 7, 2020 until the date on which none of the provisions  that
     3  closed or otherwise restricted public or private businesses or places of
     4  public  accommodation,  or  required postponement or cancellation of all
     5  non-essential gatherings of individuals of any size for  any  reason  in
     6  Executive  Orders  202.3,  202.4,  202.5,  202.6,  202.7, 202.8, 202.10,
     7  202.11, 202.13 or 202.14, as extended by  Executive  Orders  202.28  and
     8  202.31  and as further extended by any future Executive Order, issued in
     9  response to the COVID-19 pandemic continue to apply in the county of the
    10  tenant's or lawful occupant's residence.
    11    § 2. Notwithstanding any provision of law to the contrary:
    12    1. No  court  shall  issue  a  warrant  of  eviction  or  judgment  of
    13  possession  against  a  residential tenant or other lawful occupant that
    14  has suffered a financial hardship during the COVID-19 covered period for
    15  the non-payment of rent that accrues or becomes due during the  COVID-19
    16  covered period.
    17    2. (a) A tenant or lawful occupant may raise financial hardship during
    18  the  COVID-19  covered period as a defense in a summary proceeding under
    19  article 7 of the real property actions and proceedings law.
    20    (b) In determining whether a tenant  or  lawful  occupant  suffered  a
    21  financial  hardship  during the COVID-19 covered period, the court shall
    22  consider, among other relevant factors:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16113-11-0
        S. 8192--B                          2

     1    (i) the tenant's or lawful occupant's income  prior  to  the  COVID-19
     2  covered period;
     3    (ii)  the  tenant's  or  lawful  occupant's income during the COVID-19
     4  covered period;
     5    (iii) the tenant's or lawful occupant's liquid assets; and
     6    (iv) the tenant's or lawful occupant's eligibility for and receipt  of
     7  cash assistance, supplemental nutrition assistance program, supplemental
     8  security  income, the New York State disability program, the home energy
     9  assistance program, or unemployment insurance or benefits under state or
    10  federal law.
    11    3. This act shall not prohibit any court from awarding a judgment  for
    12  the  rent due and owing to a successful petitioner in a summary proceed-
    13  ing under article 7 of the real property actions and proceedings law.
    14    § 3. This act shall take effect immediately.