Today the State Legislature will take action on A.11181, the Emergency Eviction and Foreclosure Prevention Act. This legislation would accomplish the following:

• Enact a moratorium on residential evictions until May 1, 2021, for nonpayment of rent, where the tenant alleges financial hardship or significant health related hardship during the pandemic;
• Seasonal rentals, which are not primary residences, are EXCLUDED from the moratorium.
• Enact a moratorium, based on hardship, for small landlords who own 10 or fewer dwelling units, on foreclosures and tax lien sales until May 1, 2021;
• Prohibit negative credit reporting against any small landlord granted a stay under this act; and
• Provides for the automatic renewal of senior and disability exemptions, for 2021, as well as establishing a process to file by mail or electronically for increases in such exemptions or changes of address.
• This bill does not cancel rent.

In July, I voted against the Tenants Safe Harbor Act because it was overbroad by including seasonal rentals utilized for vacation purposes, which were not primary residences. This resulted in well-documented cases of abuse in seasonal communities such as the East End. I worked to ensure that this flaw was corrected in the proposed eviction moratorium.

In the coming months, we will face some of the darkest days of the pandemic until the vaccine can be fully distributed and the impacts of the holidays and cold weather subside. It is imperative that residents continue to be safe in their homes.

At the same time, small landlords must be protected from economic hardship caused by the loss of rental income. By enacting a moratorium on mortgage foreclosures and tax lien sales, this bill protects both tenants and small landlords from legal proceedings until the pandemic abates.

The bill also addresses issues related to senior and disability exemptions by providing for automatic renewal of these exemptions, and not requiring applicants to show up in person at the local assessor’s office. Earlier this month, I wrote a letter to the Governor and publicly stated my support for this measure.

This legislation is a stop gap to provide for housing security in our state. Federal aid for rental assistance, in the just-signed stimulus bill, must be used to ease the housing burdens of tenants, homeowners, and small landlords in New York State. Only federal financial housing aid, rightfully distributed to those who need it most, can truly abate this crisis.

Because seasonal rentals are not included in the eviction moratorium, small landlords are protected from mortgage foreclosure, and senior and disability tax exemptions are secured, I will be voting in favor of this bill.