A10827 Summary:

SPONSORRules (Reyes)
COSPNSRRichardson, Joyner, Carroll, Simon, Barron, Barnwell, Dickens, Rosenthal L, Epstein, Ortiz, Gottfried, Davila, Pichardo, De La Rosa, Darling, Arroyo, Niou, Kim, Blake, Perry, Seawright, Fernandez, Bichotte, Glick, O'Donnell, Frontus, Cruz, Mosley, Taylor, Rivera, Walker, Bronson, Simotas, Colton, Ramos, Anderson, Meeks, Burgos
Prevents evictions during the COVID-19 covered period.
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A10827 Actions:

07/16/2020referred to housing
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A10827 Committee Votes:

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A10827 Floor Votes:

There are no votes for this bill in this legislative session.
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A10827 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (Reyes)
  TITLE OF BILL: An act preventing evictions during the COVID-19 covered period   PURPOSE: The purpose of the Emergency Housing Stability and Tenant Displacement Prevention Act is to help stabilize residential and commerical tenants during the economic fallout caused by the COVID-19 global pandemic.   SUMMARY OF PROVISIONS: Section 1 provides the title. Section 2 of the bill provides legislative findings. Section 3 of the bill defines the COVID-19 covered period. Section 4 of the bill: (1) prohibits the enforcement of an eviction of any residential or commercial tenant, and (2) prohibits the issuance of a judgment of possession against a residential or commercial tenant or other lawful occupant, or a foreclosure of any residential or commercial property for the covered period. Section 5 of the bill provides the effective date.   JUSTIFICATION: On March 7, 2020, Governor Cuomo issued Executive Order 202, declaring a statewide disaster emergency due to the impending threat of the COVID-19 global pandemic. On March 20, 2020, Governor Cuomo issued Executive Order 202.8, which included a directive that "There shall be no enforce- ment of either an eviction of any tenant residential or commercial, or a foreclosure of any residential or commercial property for a period of ninety days." The subsequent Executive Order 202.28, issued on May 7, 2020, included a directive that "there shall be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any resi- dential or commercial mortgage, for nonpayment of such mortgage, owned or rented by someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hard- ship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020." While the eviction moratoria provided in EOS 202.8 and 202.28 are important measures to help stabilize the State of New York and its residents during the height of the pandemic, they do not address the full scope of collateral consequences brought on by COVID-19 and the ensuing economic recession. This legislation would disallow the enforcement of an eviction of any residential or commercial tenant, or a foreclosure of any residential or commercial property for a period of one year after the end of the state of emergency. The United States has officially been in a recession since February 2020, as the National Bureau of Economic Research reported on June 8, 2020. Unprecedented unemployment rates and the anticipated COVID-19 resurgence in the fall of 2020 will continue to be significant destabilizing factors, while the State will be forced to govern in the face of extraordinary revenue losses. It is critical that the State prevents displacement and stabi- lizes housing as the State continues to battle the world's highest concentration of COVID-19 infections. Due to the current economic envi- ronment, the State lacks sufficient resources to assist the growing number of individuals and families experiencing homelessness. The spread of COVID-19 in shelters and other congregate settings will only deepen the current public health and economic crises. Furthermore, this act acknowledges the concurrent public health crises of systemic racism and inequality. It is well-established that regions with a high percentage of Black and qqtinx residents experience greater rates of eviction and homelessness. By all accounts, the COVID-19 pandemic has disproportion- ately wreaked havoc on people of color and low-income communities, thereby exacerbating historic inequities that are rooted in racism. This act is consistent with the State's emerging awareness of the disparate impact of the COVID-19 pandemic on people of color and serves as an affirmative stance against racism and inequality. It will provide a stopgap measure as our economy stabilizes and New Yorkers begin the critical work of dismantling systems of oppression throughout the state.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DANE: This act shall.take effect immediately.
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A10827 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      July 16, 2020
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Reyes) --
          read once and referred to the Committee on Housing
        AN ACT preventing evictions during the COVID-19 covered period
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. This act shall be known and may be cited as the "Emergency
     2  Housing Stability and Displacement Prevention Act".
     3    § 2. Legislative findings. The legislature hereby finds  and  declares
     4  that  the COVID-19 pandemic has been a public health and economic crisis
     5  unparalleled by any in modern history. The State has lost over 30,000 of
     6  its citizens and more than  380,000  have  been  confirmed  infected,  a
     7  number  which continues to escalate.  A clear consensus of public health
     8  experts predicts subsequent waves of increasing infections, which  could
     9  lead  to graver consequences to public health and the economy than those
    10  that have occurred thus far. The lack of a  cure  or  effective  vaccine
    11  means  there  is no definitive endpoint to the harm from COVID-19 on the
    12  State. The legislature further finds and declares that housing instabil-
    13  ity and homelessness lead to worse health outcomes for  individuals  and
    14  in  doing  so  worsen  public  health. The legislature further finds and
    15  declares that the COVID-19 pandemic and its resultant economic instabil-
    16  ity and job losses has worsened an existing  housing  crisis  state-wide
    17  where  millions  of  tenants were already rent-burdened, and millions of
    18  homeowners were already struggling to remain current on their mortgages.
    19  The existing housing crisis disproportionately impacts Black and  Latinx
    20  individuals  and communities. The legislature further finds and declares
    21  that the well-documented disproportionate impacts of both  the  COVID-19
    22  pandemic  and  the  housing  crisis  on  communities of color are deeply
    23  connected to and rooted in  systemic  racism.  The  legislature  further
    24  finds  and  declares that the State is presently in a state of emergency
    25  and extra ordinary measures have been  implemented  in  all  aspects  of
    26  society  to  protect  public health and welfare. The legislature further
    27  finds and declares that it is counterproductive  to  public  health  and
    28  welfare  to allow evictions and foreclosures until the COVID-19 pandemic
    29  has passed and sufficient time has  been  provided  for  communities  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10827                            2
     1  recover.  Accordingly,  the  legislature  must protect public health and
     2  welfare and extend a moratorium on evictions and foreclosures until  one
     3  year after this crisis has concluded.
     4    § 3. For the purposes of this act, the "COVID-19 covered period" shall
     5  include  March  7, 2020 through the end of the state of emergency in the
     6  state of New York plus one full year.  For the purposes of this act, the
     7  "state of emergency" period includes, but is not limited to, any  period
     8  referenced  in  Executive Orders 202, 202.8, 202.28 and any other execu-
     9  tive order that closed or otherwise restricted public or  private  busi-
    10  nesses  or  places  of public accommodation, or required postponement or
    11  cancellation of all non-essential gatherings of individuals of any  size
    12  for any reason in response to the COVID-19 pandemic, within the state of
    13  New York.  For the purposes of this act, "lawful occupant" of a residen-
    14  tial  or  commercial property shall mean any person or business for whom
    15  eviction proceedings in a court of law  would  be  legally  required  to
    16  remove  said  occupant  from  the  residential  or  commercial property,
    17  including but not limited to, any person who  occupied  the  residential
    18  property for thirty consecutive days or longer.
    19    § 4. Notwithstanding any provision of law to the contrary:
    20    1.  No court shall authorize the execution or enforcement of a warrant
    21  of eviction or order a monetary judgment  for  rent  arrears  against  a
    22  tenant or lawful occupant of a residential or commercial property during
    23  the COVID-19 covered period.
    24    2.  No  court shall accept for filing any papers commencing any action
    25  or proceeding seeking a judgment of possession or  a  monetary  judgment
    26  against  a  tenant or lawful occupant of a residential property for rent
    27  or use and occupancy during the COVID-19 covered period.
    28    3. No  court  shall  issue  a  warrant  of  eviction  or  judgment  of
    29  possession  against  a  residential or commercial tenant or other lawful
    30  occupant, or execute a judgment of foreclosure and sale of any owner-oc-
    31  cupied or rented residential or commercial property, during the COVID-19
    32  covered period.
    33    § 5. This act shall take effect immediately.
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