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.
STATE OF NEW YORK
________________________________________________________________________
10290--B
IN ASSEMBLY
April 8, 2020
___________
Introduced by M. of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once and referred to
the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, 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.
LBD16113-12-0
A. 10290--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.
