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New York’s Eviction and Foreclosure Moratorium Extended

On May 4, 2021, Governor Cuomo extended the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.  This extension would extend the moratorium on residential and commercial evictions, as well as residential and commercial foreclosure proceedings until August 31, 2021.   Governor Cuomo stated, “As we approach the light at the end of the COVID-19 tunnel, it is critical that we continue to protect both New York’s tenants and business owners who have suffered tremendous hardship throughout this entire pandemic” and “Extending this legislation will help to ensure that vulnerable New Yorkers and business owners who are facing evictions through no fault of their own are able to keep their homes and businesses as we continue on the road to recovery and begin to build back our economy better than it was before.”

Residential Evictions:

For tenants who have endured a COVID related hardship, this legislation places a moratorium on residential evictions until August 31, 2021.  Tenants must submit a hardship declaration to either the landlord or Court to prevent the eviction.  Landlords can proceed with evictions however for tenants who do not submit a hardship declaration or if the tenant is causing nuisance, safety or health hazards for other tenants.

Commercial Evictions:

For commercial tenants who have endured a COVID related hardship, this legislation places a moratorium on commercial evictions until August 31, 2021.  This legislation applies to small business with under 50 employees that demonstrate a COVID related hardship.  Commercial tenants must submit a hardship declaration to either the landlord or Court to prevent the eviction.  

Residential Foreclosure Proceedings:

For borrowers in default on their mortgage payments, this legislation places a moratorium on foreclosure proceedings until August 31, 2021.  Borrowers who own 10 or fewer residential dwellings can file a hardship declaration with their mortgage lender or the court to prevent or stay their foreclosure.

Commercial Foreclosure Proceedings:

The legislation places a moratorium on commercial foreclosure proceedings until August 31, 2021.

Tax Lien Sales

The legislation prevents local governments from engaging in tax lien sales or a tax foreclosure until at least August 31, 2021.

Need Eviction or Foreclosure Help?

If you are late on rental payments or your mortgage payments, now is the time to talk to an attorney.  We can help you navigate through this difficult time and come up with solutions to best fit your needs.  Please give us a call at 914.472.6202.  

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