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On March 9, 2021, Governor Cuomo signed the COVID-19 Emergency Protect Our Small Business Act of 2021 establishing eviction and foreclosure protections for small businesses who have suffered COVID related hardships, which expands on commercial eviction and foreclosure protections already in place. The Act also will help protect small businesses who are delinquent on taxes.
“New York has gone to extraordinary lengths to protect and strengthen our economy throughout the war on COVID, and it is critical that we continue to provide support as we ramp up our vaccination efforts across the state,” Governor Cuomo said. “By signing the COVID-19 Emergency Protect Our Small Business Act of 2021 we are strengthening the backbone of our economy – our small businesses that have faced unprecedented hardships – and this legislation will be instrumental in helping build New York’s economy back better than ever before.”
The new legislation will apply to small businesses with under 50 employees, as well as small businesses with 10 or less units. It will allow these small business tenants, as well as commercial mortgagors to declare to either a landlord or mortgagee that they have experienced a financial hardship and thus qualify for protections under this Act.
If you are a commercial tenant or facing a foreclosure on your small business due to delinquent mortgage payments or taxes, please call our office for more information, 914-472-6202. We are here to help you through this difficult time.
As millions of Americans face continued hardship from the COVID-19 pandemic, President Biden has extended the foreclosure moratorium for federally backed mortgages from March 31, 2021 to June 30, 2021. He has also extended the mortgage payment forbearance enrollment window until June 30, 2021 for borrowers who wish to request a forbearance. This is the second time President Biden has extended the ban, after having signed an executive order on his first day in office pushing the original January 31, 2021 deadline to the end of March.
There are 11 million federally backed government mortgages nationwide, of which approximately 2.7 million homeowners are currently in a COVID forbearance.
If you are in foreclosure or have defaulted on your mortgage payments, now is the time to reach out to an attorney to help create a strategy moving forward. Contact Clair Gjertsen & Weathers PLLC at [email protected] for more information. We look forward to working with you.
Hudson City Sav. Bank v DePasquale, 189 AD3d 1558 (2d Dept. 2020)
On December 30, 2020, the Supreme Court of the State of New York Appellate Division, Second Department entered a Decision and Order reversing judgment of foreclosure and sale and remanding the matter back to the lower court for the purposes of having a hearing as the referee’s findings were not substantially supported by records that clearly described the amount owed.
This Decision allows the Borrowers the opportunity to contest the amount allegedly owed to the bank and potentially reduce said figure. Furthermore, the Decision permits the Borrowers to remain in the home that they have lived in for the last several decades without fear of an upcoming foreclosure sale.
The Firm’s team that represented the Borrowers was led by Brett M. Milchman.
In response to the COVID-19 pandemic, New York State legislature has submitted this proposed bill to the Senate on February 2, 2021. The impetus behind this bill is the serious emergency that exists in the State of New York due to the impact of the global outbreak of novel coronavirus, COVID-19, which as of the date of this legislation, has created destabilized housing, loss of employment and income, closure of businesses and schools, and has greatly exacerbated financial insecurity in the state of New York.
The legislature further finds that it is currently impossible to accurately assess the full scope, duration, and severity of impact this public emergency has and will have on the residents of New York and that, in response to this crisis, on March 7, 2020, the executive declared a ‘State Disaster Emergency’ which has put extraordinary constraints on individuals, families, homeowners, not-for-profits, residential housing cooperatives, and local, state, and federal agencies. The legislature further finds that the loss of employment, illness and deaths caused by the COVID-19 outbreak have rendered many individuals and families unable to pay for the costs of housing and other life necessities.
In summary, this bill would:
- Suspend all residential rent obligations for the period March 7, 2020 through 90 days after the state of emergency declared by the Governor ends;
- Suspend all mortgage payments for homeowners whose primary residence has six or fewer units;
- Require the Commissioner of Housing and Community Renewal to issue regulations:
- Provide assistance to residential cooperatives and affordable housing operators losing maintenance and rental income;
- Establish and manage relief funds for landlords and public housing authorities.
It is imperative that you contact an experienced landlord tenant and foreclosure attorney who can help you understand this proposed legislation.
Contact Clair Gjertsen & Weathers, PLLC at [email protected] for more information. We look forward to servicing you.
WHITE PLAINS, New York (Jan. 6, 2021) – As Ira Clair, Esq. retires after a 41-year career practicing law, Clair & Gjertsen, Esqs. welcomes Wendy Marie Weathers, Esq. as partner. The firm will now be known as Clair Gjertsen & Weathers PLLC.
Gary Gjertsen, Esq. who worked with Clair since they formed the practice in 1992, said: “It’s been the opportunity of a lifetime to work with Ira to build a first-class law practice. His outstanding work and legacy are an inspiration to the firm, clients and legal community. We are proud to continue the firm’s culture of innovation and collaboration as we partner with Wendy.”
Prior to joining the firm, Weathers was senior managing attorney at Cabanillas & Associates, P.C. in charge of the Litigation and Consumer Bankruptcy Departments. She brings more than 20 years of experience representing both institutional lenders and borrowers in all aspects of the mortgage banking industry and residential foreclosures. Weathers currently serves as the President of the Westchester County Bar Association.
“Starting as adversaries over 20 years ago, Ira became a cherished mentor and confidant whose guidance continues for me today,” Weathers said. “I am thrilled to join this firm that shares the same core qualities that I do – we are passionate about our clients and committed to providing direction with creativity, integrity and compassion.”
Additionally, Mary Aufrecht, Erin K. Flynn and Brett M. Milchman have been promoted from associates to partners in the firm. Aufrecht has been with the firm for eight years and Flynn and Milchman have been with the firm for almost three years each. The three attorneys together are the engine that keeps the firm running.
“We are delighted to welcome Wendy, whose depth of knowledge in bankruptcy matters and impressive track record is widely recognized. Wendy is not only a fervent advocate of her clients, she is also extremely committed to the legal community,” Gjertsen said. “Wendy, Mary, Erin and Brett will play a pivotal role as we evolve the firm.”
Clair Gjersten & Weathers PLLC is located at 4 New King Street, Suite 140 in White Plains, New York. For more information, please visit www.cgwesq.com or call (914) 472-6202.
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ABOUT CLAIR GJERTSEN & WEATHERS PLLC
Clair Gjertsen & Weathers PLLC is a prominent defense firm headquartered in White Plains, New York. Practice areas include real estate, bankruptcy, foreclosure defense, landlord-tenant disputes, wills & estates and civil litigation. The firm represents individuals and businesses in the New York metro area, Long Island, Hudson Valley and Fairfield County, Connecticut.