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.
STATE OF NEW YORK
________________________________________________________________________
10496--A
IN ASSEMBLY
May 22, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Reyes, Otis)
-- read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
25 such court has found that such party has not suffered such a loss or has
26 effectively waived such opportunity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16366-02-0
A. 10496--A 2
1 3. For the purposes of subdivision 2 of this section, a party has
2 suffered a substantial loss of income because of COVID-19 in the follow-
3 ing instances:
4 (a) The party is a natural person and between March 7, 2020 and the
5 conclusion of the state disaster emergency declared pursuant to execu-
6 tive order 202, inclusive, experienced two or more weeks in which (i)
7 the person claimed federal or state unemployment insurance benefits in
8 connection with a claim that was filed on or after March 7, 2020 or (ii)
9 the person worked fewer than three days and earned less than $504
10 because of one or more of the following situations:
11 (1) the person was diagnosed with COVID-19 or was experiencing symp-
12 toms of COVID-19 and seeking a medical diagnosis;
13 (2) a member of the person's household was diagnosed with COVID-19;
14 (3) the person was providing care for a family member or a member of
15 the person's household who was diagnosed with COVID-19;
16 (4) a member of the person's household for whom the person had primary
17 caregiving responsibility was unable to attend school or another facili-
18 ty that was closed as a direct result of the state disaster emergency
19 declared pursuant to executive order 202 and such school or facility
20 care was required for the person to work;
21 (5) the person was unable to reach the person's place of employment
22 because of a quarantine imposed as a direct result of the state disaster
23 emergency declared pursuant to executive order 202;
24 (6) the person was unable to reach the person's place of employment
25 because the person had been advised by a health care provider to self-
26 quarantine due to concerns related to COVID-19;
27 (7) the person was scheduled to commence employment and did not have a
28 job or was unable to reach the job as a direct result of the state
29 disaster emergency declared pursuant to executive order 202;
30 (8) the person became the breadwinner or major supporter for a house-
31 hold because the head of the household died as a direct result of
32 COVID-19;
33 (9) the person quit a job as a direct result of COVID-19; or
34 (10) the person's place of employment is closed as a direct result of
35 the state disaster emergency declared pursuant to executive order 202;
36 (b) The party is a business and (i) it was subject to seating, occu-
37 pancy or on-premises service limitations pursuant to an executive order
38 issued by the governor during the state disaster emergency declared
39 pursuant to executive order 202 or (ii) its revenues for any three-month
40 period between March 7, 2020 and the conclusion of the state disaster
41 emergency declared pursuant to executive order 202, inclusive, were less
42 than 50% of its revenues for the same period in 2019 or less than 50% of
43 its aggregate revenues for the months of December 2019, January 2020,
44 and February 2020; or
45 (c) The party is a natural person who is being held liable for a debt
46 or other obligation of a business that satisfies the requirements of
47 paragraph (b) of this subdivision.
48 § 2. This act shall take effect immediately.
