New York Courts dot gov
New York StateUnified Court System

The COVID-19 Emergency Eviction and 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:

  1. Staying pending residential eviction proceedings (“Proceedings”) and residential real property mortgage foreclosure actions (“Actions”) for sixty days.
  2. Staying Proceedings and Actions filed within thirty days of December 28, 2020 for sixty days.
  3. 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.
  4. 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 Unified Court System is in the process of updating various web pages to reflect the requirements of the Act.  Below are several documents and information of interest on this subject:

  1. The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
  2. Administrative Order AO/340/2020 (addressing eviction proceedings).
  3. Administrative Order AO/341/20 (addressing foreclosure actions)
  4. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated December 30, 2020 (addressing eviction proceedings).
  5. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated December 31, 2020 (addressing foreclosure actions)
  6. Hardship Declaration in Eviction Matters (English).
  7. Hardship Declaration in Eviction Matters (Español; Declaración de Penuria).
  8. Hardship Declaration in Foreclosure Matters (English).
  9. Hardship Declaration in Foreclosure Matters (Español; Declaración del Deudor Hipotecario de Penuria Debida al COVID-19).
  10. HARDSHIP DECLARATIONS IN ADDITIONAL LANGUAGES
  11. CIVIL LEGAL SERVICES PROVIDERS