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COVID-19
Emergency Eviction & Foreclosure Prevention Act of 2020


 

5/4/2021- Moratorium Extended to August 31, 2021.
Details to Follow.

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.

Important Information:

 

  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. CIVIL LEGAL SERVICES PROVIDERS FOR HOUSING MATTERS
  7. 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.
  8. SENDING ADDITIONAL COPIES OF RESIDENTIAL EVICTION HARDSHIP DECLARATIONS TO THE COURTS OUTSIDE NEW YORK CITY BY EMAILo

 

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 August 31st, 2021).

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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