Whose is this house? Pandemics, Eviction Moratoriums, and New York State Eviction and Real Estate Foreclosure Prevention Act

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The 2020 COVID-19 Emergency Eviction and Foreclosure Prevention Act formalized the eviction and foreclosure moratorium that New York City residents and homeowners have enjoyed since Executive Order 202.8, March 20, 2020 … Signed into law. On December 28, 2020, the law guarantees that New York tenants and homeowners struggling with the pandemic can stay in their homes for the foreseeable future. The law suspends all court proceedings on eviction and foreclosure of the mortgaged property until December 28, 2020, and any procedures for eviction or foreclosure of foreclosure rights are pledged, started no later than January 27, 2021, within 60 days. The law also provides that any tenant or landlord filing a hardship return, broadly defined as someone who has lost income, who is unable to pay increased expenses, or who is unable to move without significant risk to his or her health or the health of a family member, will be protected from eviction or expropriation. foreclosure before May 1, 2021. Subsequently, a law was passed extending the law until August 31, 2021.

By statute, homeowners are required to provide tenants with a State Declaration of Needs Form and contact information for filing. If a Declaration of Difficulty Form is filed, the renter is entitled to compensation. The new law does not provide homeowners with a procedure to appeal the tenant’s declaration of needs.

Illegal eviction and tenant harassment

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