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COVID-19 Residential Eviction & Foreclosure Proceedings


 

9/13/2021- New Moratorium Enacted to January 15, 2022

On September 2, 2021, Governor Hochul signed into law new legislation related to residential eviction and foreclosure protections (L. 2021, c. 417; “Act”). The Act continues to provide relief to respondents and defendants in residential eviction proceedings and foreclosure actions in New York with certain caveats, including, among other things:

  1. Publishing a form “Hardship Declarations” to be used by tenant-respondents in residential eviction matters and defendant-mortgagors in residential foreclosure actions in reporting financial hardship during or due to the COVID-19 pandemic.
  2. Staying residential eviction proceedings (“Proceedings”) and residential real property mortgage foreclosure actions (“Actions”) until at least January 15, 2022 in Proceedings and Actions where a tenant-respondent or defendant-mortgagor submits a completed Hardship Declaration.
  3. Implementing a court hearing process by which a petitioner-landlord may contest the hardship certified by a tenant-respondent in residential eviction matters and defendant-mortgagors in residential foreclosure actions that has submitted a Hardship Declaration.

 

 

Important Information:

  1. Administrative Order AO/262/21 (addressing residential foreclosures)
  2. Administrative Order AO/261/21 (addressing residential evictions)
  3. Ch. 417, L. 2021, Related to Residential Evictions and Foreclosures
  4. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated September 8, 2020 (addressing residential evictions)
  5. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated September 8, 2020 (addressing residential foreclosures)
  6. Administrative Order AO/245/21(addressing residential evictions)
  7. Administrative Order AO/244/21(addressing the Emergency Rental Assistance Program)
  8. Ch.104, L.2021, The COVID-19 Emergency Residential and Commercial Evictions Extension
  9. The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
  10. Administrative Order AO/160/21 (addressing evictions)
  11. Administrative Order AO/159/21 (addressing foreclosures)
  12. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated May 24, 2021 (addressing foreclosure proceedings)
  13. Memorandum of Chief Administrative Judge Lawrence K. Marks, dated May 24, 2021 (addressing eviction proceedings)
  14. CIVIL LEGAL SERVICES PROVIDERS FOR HOUSING MATTERS
  15. 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.
  16. SENDING ADDITIONAL COPIES OF RESIDENTIAL EVICTION HARDSHIP DECLARATIONS TO THE COURTS OUTSIDE NEW YORK CITY BY EMAIL

 

Hardship Declarations:

(When Signed and submitted by residential tenants and residential homeowners/mortgagors, requires their cases to be temporarily delayed (or not started until at least January 15, 2022).

ENGLISH
Eviction Hardship Declaration
Foreclosure Hardship Declaration

SPANISH
AVISO AL INQUILINO - Eviction Hardship Declaration
AVISO AL DEUDOR HIPOTECARIO - Foreclosure Hardship Declaration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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