New York Passes Legislation to Extend COVID Hardship Declaration Moratorium on Residential Foreclosure and Eviction Proceedings

Christina Wiley on September 3, 2021

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:

http://www.nycourts.gov/covid-eefpa.shtml
http://www.nycourts.gov/eefpa/

NY DFS on Cybersecurity

Christina Wiley on March 3, 2021

Join us as we host the NY DFS Executive Deputy Superintendent of Cybersecurity Justin Herring; Supervisor/Examination Team Lead William Peterson; and Deputy Rholda Ricketts. Jacqueline Goralczyk, LL.M., CIPM will moderate the event. Questions may be submitted in advance.

Cybersecurity is an ongoing practice and companies need to ensure that regulations are followed and best practices are employed to protect themselves and their customers from risk.

Co-sponsored by DeAngelus Goralczyk, LLC

REGISTER HERE

Governor Signs Eviction/Foreclosure Moratorium Bill

Christina Wiley on December 29, 2020 

2020年12月24日，纽约州立法机构起草并提出了一项法案.11181/S.9114) that would prevent evictions and eviction proceedings against residential tenants and prevent foreclosure actions against homeowners and certain small landlords experiencing financial or health-related hardships due to coronavirus until May 1, 2021, was passed in a special session on December 28th and signed by the Governor that evening and is effective immediately.

根据《PP电子官网》, tenants and homeowners must make "hardship declarations," subject to penalty of perjury,  对他们无力支付住房费用的房东(租客)和留置权持有人(房主).  The bill stays residential foreclosure proceedings for sixty days, and allows borrowers who own ten or fewer residential dwellings, including their primary residence, 有经济困难的人士向按揭贷款机构提交困难申报表, other foreclosing party or the court that will prevent the filing and proceedings on a foreclosure action until May 1, 2021. 

Governor Cuomo's Press Release, 12/28/2020
Bill A.11181/S.9114. 12/24/2020

RESOURCES

Christina Wiley on April 1, 2020

          New York Department of Financial Services–Industry Letters