Emergency Eviction & Foreclosure Prevention Act of 2020
On December 28, 2020, Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (L. 2020, c. 381; “Act”). The Act provides immediate relief to respondents and defendants in residential eviction proceedings and foreclosure actions in New York State, including, among other things:
- Staying pending residential eviction proceedings (“Proceedings”) and residential real property mortgage foreclosure actions (“Actions”) for sixty days.
- Staying Proceedings and Actions filed within thirty days of December 28, 2020 for sixty days.
- Publishing form “Hardship Declarations” to be used by tenant-respondents in eviction matters and defendant-mortgagors in residential foreclosure actions in reporting financial hardship during or due to the COVID-19 pandemic.
- Staying Proceedings and Actions until at least May 1, 2021 in Proceedings and Actions where a tenant-respondent or defendant-mortgagor submits a completed Hardship Declaration.
- The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
- Administrative Order AO/340/2020 (addressing eviction proceedings).
- Administrative Order AO/341/20 (addressing foreclosure actions)
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated December 30, 2020 (addressing eviction proceedings).
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated December 31, 2020 (addressing foreclosure actions).
- CIVIL LEGAL SERVICES PROVIDERS FOR HOUSING MATTERS
- Foreclosure cases (Excel listing of county and index number only) in which Hardship Declarations were mailed to a defendant at 99 Washington Avenue, Albany (Department of State), but returned by the U.S. Post Service.
- SENDING ADDITIONAL COPIES OF RESIDENTIAL EVICTION HARDSHIP DECLARATIONS TO THE COURTS OUTSIDE NEW YORK CITY BY EMAILo
(When Signed and submitted by residential tenants and residential homeowners/mortgagors, requires their cases to be temporarily delayed (or not started until at least May 1, 2021).