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Perspectives

New York’s Foreclosure and Eviction Moratoriums Have Ended

Beginning in 2020, New York State imposed a moratorium on certain foreclosure and eviction proceedings as a result of the coronavirus pandemic.  This moratorium, with certain limitations, was extended through early this year, but it was allowed to expire on January 15, 2022.

As a result, many previously stayed foreclosure and eviction cases may now resume and new cases may be commenced.  Given the anticipated influx of resumed and new cases, we can anticipate backlogs in processing them.  In addition, foreclosure and landlord-tenant proceedings remain subject to a variety of procedural and substantive requirements.  Some of these require that certain notices be sent before a court proceeding may be brought, and others require certain steps within the action.  All of these requirements must be carefully observed before a proceeding can be commenced and an ultimate judgment of foreclosure or of eviction can be issued.

To assist residential borrowers facing foreclosure, a New York Homeowner Assistance Fund was established.  Homeowner-borrowers whose applications are approved could receive a five-year forgivable grant of up to $50,000 that can be applied to their mortgages, property taxes, and/or condominium or cooperative fees.  At present, the funds allocated for this fund have been exhausted; however, eligible borrowers may sign up for a waiting list in case additional funding becomes available in the future.  Further information is available from the fund’s website at www.nyhomeownerfund.org