New York Passes Legislation to Extend COVID Hardship Declaration Moratorium on Residential Foreclosure and Eviction Proceedings
|by Adam Gross, Partner|
Gross & Polowy, LLC
|The Hardship Declaration requirements of the New York COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, scheduled to expire on August 31, 2021, were extended by the legislature until at least January 15, 2022. Click HERE 为一个完整的立法的副本. |
截至2021年9月2日，止赎困难声明中增加了新的措辞. 9月2日后递交的90天通知中包括艰苦声明, 2021 must include the additional language. Click HERE for copy of the new Hardship Declaration for foreclosure and HERE for a copy of the Hardship Declaration for Eviction. The additional language is highlighted in yellow.
该立法增加了三条新条款，允许原告对声称的困难提出挑战. 这些新增项目是为了满足2021年8月12日美国气候变化委员会的要求.S. Supreme Court Ruling that found that the eviction Hardship Declaration “scheme violates the court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.“艰苦条件声明包括原告可以质疑艰苦条件声明的通知. New foreclosures and residential evictions can be filed even if a Hardship Declaration was returned by the mortgagor if an affidavit is provided that states that “… the foreclosing party believes in good faith that the hardship certified in the hardship declaration does not exist.” In pending cases the Plaintiff can challenge the Hardship Declaration by making a motion asking the court to hold a hearing to determine whether the defendant’s hardship claim is invalid. The Plaintiff must have a good faith belief that the defendant has not experienced a hardship to make this motion.
The remainder of the foreclosure related requirements of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 were not changed.
Click HERE to read the NY Senate Press Release.
More information on the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the foreign language translations of the Hardship Declaration, when updated by the Office of Court Administration, are located on the NY Court’s website at: