Senior person's hands holding paper cutout of a home with an old key on top

 Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 Extended Through August 31, 2021

submitted by Kevin Quinn, Esq.

On Tuesday, May 4, 2021, Governor Cuomo signed into law an extension of the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020.   The legislation (S.6362-A/A.7175-A) extends protections prohibiting residential and commercial evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic until August 31, 2021.

In order to qualify for these extended eviction protections, tenants must submit a hardship declaration to their landlord, certifying that they are experiencing a hardship due to Covid-19.  Landlords can still seek to evict tenants who are creating safety hazards for other tenants, or for tenants who do not submit a hardship declaration.

The Act does protect homeowners as well.  Homeowners and small landlords of ten or fewer units can also submit a hardship declaration to their lender, or the court that is handling a foreclosure proceeding.  Submission of the hardship declaration prevents the foreclosure from taking place through August 31, 2021.  The legislation also prevents local governments from engaging in a tax lien sale or a tax foreclosure until at least August 31, 2021. Payments due to the locality are still due.

Lending institutions are prohibited from discriminating against a property owner seeking credit because the property owner has been granted a stay of either a mortgage or tax lien foreclosure proceeding.  Lenders are also prohibited from discriminating against homeowners who are in arrears and have submitted a hardship declaration.

A copy of the hardship declaration can be found here:  https://www.nycourts.gov/Courts/nyc/SSI/images/corona/HardshipDeclaration.pdf

If you are a tenant or homeowner at risk of eviction or foreclosure and wish to learn more about these protections, please contact the Center for Elder Law & Justice at 716-853-3087.

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