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New York Extends the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181)

New York has extended the emergency COVID protections for certain residential tenants, owners and borrowers until May 1, 2021. As it relates to residential borrowers, the act keeps in place a moratorium on residential foreclosure proceedings until May 1st for homeowners and small landlords which own 10 or fewer residential dwellings. To qualify, a borrower must file a hardship declaration with their mortgage lender or the party conducting the foreclosure on the lender’s behalf.

With respect to tax lien sales, the act similarly prevents local governments from engaging in a tax lien sale or a tax foreclosure until May 1, 2021.

The act does not provide for debt forgiveness or extension and payments are still due and are subject to interest, fees and penalties, as they would be due in the normal course. Given the changing state of the world, it is possible that the act will be further extended; several advocacy groups and lawmakers and presently eying an extension until at least January 1, 2022.