This passed both the Assembly and Senate and is waiting for the Governor’s signature.
S T A T E O F N E W Y O R K
________________________________________________________________________
8192--B
I N S E N A T E
April 13, 2020
___________
Introduced by Sens. HOYLMAN, KRUEGER, MAYER, JACKSON, LIU, METZGER,
MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to prohibiting the eviction of residential tenants
who have suffered financial hardship during the COVID-19 covered peri-
od
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. For the purposes of this act, "COVID-19 covered period"
means March 7, 2020 until the date on which none of the provisions that
closed or otherwise restricted public or private businesses or places of
public accommodation, or required postponement or cancellation of all
non-essential gatherings of individuals of any size for any reason in
Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10,
202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and
202.31 and as further extended by any future Executive Order, issued in
response to the COVID-19 pandemic continue to apply in the county of the
tenant's or lawful occupant's residence.
§ 2. Notwithstanding any provision of law to the contrary:
1. No court shall issue a warrant of eviction or judgment of
possession against a residential tenant or other lawful occupant that
has suffered a financial hardship during the COVID-19 covered period for
the non-payment of rent that accrues or becomes due during the COVID-19
covered period.
2. (a) A tenant or lawful occupant may raise financial hardship during
the COVID-19 covered period as a defense in a summary proceeding under
article 7 of the real property actions and proceedings law.
(b) In determining whether a tenant or lawful occupant suffered a
financial hardship during the COVID-19 covered period, the court shall
consider, among other relevant factors:
(i) the tenant's or lawful occupant's income prior to the COVID-19
covered period;
(ii) the tenant's or lawful occupant's income during the COVID-19
covered period;
(iii) the tenant's or lawful occupant's liquid assets; and
(iv) the tenant's or lawful occupant's eligibility for and receipt of
cash assistance, supplemental nutrition assistance program, supplemental
security income, the New York State disability program, the home energy
assistance program, or unemployment insurance or benefits under state or
federal law.
3. This act shall not prohibit any court from awarding a judgment for
the rent due and owing to a successful petitioner in a summary proceed-
ing under article 7 of the real property actions and proceedings law.
§ 3. This act shall take effect immediately.