Creit: Steve Heap/Shutterstock.com Whose House Is This? Pandemics, Eviction Moratoriums, and the NY Real Estate Eviction and Foreclosure Prevention Act
It is important to provide relief to tenants in financial distress through no fault of their own. However, the state would be wise to adjust the law to allow landlords to deal with problem tenants, unrelated to the pandemic.
August 16, 2021 at 11:15 AM
7 minute read
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the Act) formally codified the eviction and foreclosure moratorium New York tenants and landlords have been living under since the issuance of Executive Order No. 202.8 on March 20, 2020. Signed into law on Dec. 28, 2020, the Act ensures New York renters and homeowners experiencing pandemic-related hardships can remain in their homes for the foreseeable future. The Act stays all residential eviction and foreclosure proceedings pending on Dec. 28, 2020, and any residential eviction or foreclosure proceedings commenced on or before Jan. 27, 2021, for a period of 60 days. The statute further provides that any renter or homeowner who files a hardship declaration, broadly defined as individuals who have lost income, are unable to pay increased costs, or are unable to move without significant risk to their health or the health of a family member, will be protected against eviction or foreclosure until May 1, 2021. Subsequent legislation was passed extending the Act's protections through Aug. 31, 2021.
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