During today’s legislative session, Assembly Minority presented amendments intended to curtail the governor’s expanded authorities and provide greater balance and accountability in the “COVID-19 Emergency Eviction and Foreclosure Prevention Act” (A.11181). Majority rejected each proposal. 

Earlier this month, Assembly Minority wrote to conference leaders, including Assembly Speaker Carl Heastie, urging lawmakers to rein in Gov. Cuomo’s unilateral powers as soon as the Legislature reconvenes. Despite 10 months of expanded authority and laws created by executive order rather than the legislative process, Assembly Majority declined to take action.

“It is long past the time to return New York state to representative democracy and re-establish the Legislature as a co-equal branch of government. Apparently, those goals don’t appeal to Assembly Majority,” Minority Leader Will Barclay (R,C,I-Pulaski) said. “Majority conferences have gotten too comfortable operating under the thumb of the Executive. Today they squandered yet another opportunity to get state government running the way it was intended.”

In addition, Assembly Minority offered amendments to add protections for small businesses and small landlords also suffering losses as a result of the COVID-19 economic collapse. The “COVID-19 Emergency Eviction and Foreclosure Prevention Act” creates a hardship declaration that effectively ends residential eviction and foreclosure proceedings until May 1, 2021. Minority politicians proposed the same protections provided to residential tenants be offered to small landlords and businesses to alleviate financial pressures and allow thousands of job creators and individuals to begin their recovery.

The three amendments proposed today intended to:

• Restore legislative checks and balances for emergency declarations exceeding 45 days and ensure judicial due process rights for any actions that affect fundamental constitutional rights (A.10546, Goodell).
• Provide the same protections extended to residential tenants in A.11181 to small businesses also facing mortgage and tax foreclosures. Also extend foreclosure protections to small landlords who are not covered by the bill in chief.
• Require hardship declarations to include a statement, under penalty of perjury, that tenants have used their best efforts to obtain all available government assistance for rent or housing, and to make timely partial payments that are as close to full payments as their circumstances permit. 

“Today my Assembly Minority colleagues and I offered amendments to 'The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020' (A.11181) that would provide necessary support and protections for the many small property owners and landlords who have also struggled during the COVID-19 pandemic,” said Assemblywoman Mary Beth Walsh (R,C,I-Ballston). “It is disappointing, but not surprising, that these common-sense amendments were not given proper consideration by our Majority colleagues. As we continue to rebuild and recover from the COVID-19 pandemic, New York must not only be tough, but smart. We must not duplicate federal efforts but supplement them only as needed to ensure that tenants, landlords and small businesses alike are given the opportunity to emerge healthy and intact.”