New York lawmakers weigh in on new eviction, foreclosure moratoriums

(The Center Square) – New legislation preventing statewide residential evictions, foreclosure proceedings, negative credit reporting and other prohibitions in response to the pandemic is on New York’s books through this spring.

Democrat Gov. Andrew Cuomo on Dec. 28 signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which is the outgrowth of Senate Bill S.9114 and Assembly Bill A.11181.

The five-point legislation continues many of the prohibitions that have in place since the onset of the novel coronavirus in March.

The new legislation, which runs through May 1, includes moratoriums on residential evictions if tenants have endured a hardship related to COVID-19. Similar stays also are in place for residential foreclosure proceedings against homeowners and small landlords.

Other provisions within the act touch on tax lien sales, outlawing credit discrimination and negative credit reporting and a continuation of two exemption programs geared specifically toward senior citizens and disabled homeowners.

Cuomo issued a statement after signing the legislation, saying he supported it because it provides renters and homeowners the protections necessary to weather the duration of the pandemic.

“When the COVID-19 pandemic began, we asked New Yorkers to protect each other by staying at home,” Cuomo said in the statement. “As we fight our way through the marathon this pandemic has become, we need to make sure New Yorkers still have homes to provide that protection.”

But a number of state Republican lawmakers have taken aim at the legislation, saying it is selective and fails to protect other classes of people, such as small business owners.

State Assemblyman Chris Tague, R-Schoharie, said the legislation favors the interests of New York City but omits a number of other needs from groups of people across the state, including working parents, farmers, teachers and health care professionals.

Speaking to the late December legislative session that brought the bill to Cuomo’s desk, Tague said it “is another example of what one-party rule in our state gets us, continuous pandering to the special interests of radial New York City socialists.”

State Sen. Minority Leader Rob Ortt, R-North Tonawanda, also took aim at the legislation, describing it as “brazen and broad” and saying it failed to address deeper, long-term issues.

“This legislation simply halts all housing court proceedings without consideration of income level, allowing some of New York’s wealthiest residents to escape their financial obligations by checking off a box,” Ortt said in a statement. “Meanwhile, costs on small business owners will continue to pile up, with no relief in sight.”

But Democrat lawmakers in both chambers of the Legislature offered a different view to the act and the protections it provides into the four months of 2021.

State Sen. Rachel May, D-Syracuse, said the act will prevent “skyrocketing” evictions and foreclosures.

“At this crucial moment in a public health and economic calamity, we must do what we can to prevent people from losing their homes,” May said in a statement. “I am proud to have worked with my colleagues to come up with a system that extends protections to tenants and homeowners who have been unable to make their rent or mortgage payments during the pandemic.”