By Hellen Zaboulani
Evictions and foreclosures post-coronavirus got their biggest slap yet with the introduction of a new bill by a Brooklyn senator.
As reported by the Real Deal, the proposed legislation, set forth by NY State Senator Zellnor Myrie, would prevent all eviction and foreclosure filings for commercial and residential tenants for an entire year after Gov. Andrew Cuomo’s statewide disaster emergency is still alive in any part. That is the longest timetable for leniency that has been proposed thus far.
The introduced legislation, entitled the Emergency Housing Stability and Tenant Displacement Prevention Act, would also not require tenants to prove their eligibility for the protection. The bill, which is a lot more potent than existing measures, would need to be signed by the governor, and be approval by both the Senate and Assembly in order to become law.
The bill’s progressive author, who entered senate for NY’s 20th district in January 2019, wrote that it is a “stopgap measure” to stop evictions and foreclosures during the pandemic and state of emergency. The bill also makes references to racial inequality and notes existing inequities in the housing system. Minorities have been more adversely affected by the coronavirus, and even prior to the pandemic people of color had higher rates of evictions. “This act is consistent with the state’s emerging awareness of the disparate impact of the Covid-19 pandemic on people of color, and serves as an affirmative stance against racism and inequality,” the bill reads.
NYS’s government has been working to help stop evictions during this difficult time of soaring unemployment caused by the shutdown. In March, the governor had made an executive order banning evictions. In May, the order was relaxed to allow some evictions to proceed starting June 22. However, the ban on evictions remained effective until at least July 7, as per instructions of a state judge. At the end of June, Gov. Cuomo signed another bill preventing evictions for nonpayment, but allowing monetary judgments. That legislature requires tenants to show financial distress stemming from the Coronavirus.
Other states have relaxed measures or allowed them to expire, and have experienced a jump in eviction filings. In New York, however, the bills have not expired and evictions have not yet returned anywhere close to pre-Coronavirus levels. This is certainly a function of New York’s strong tenant protections.
Landlords have complained that politicians have been all too eager to help tenants, at their expense. While all kinds of measures have been taken to excuse tenants from paying rent, the landlords and owners say they have received no aid and must continue to pay taxes, mortgages and maintenance costs. Regarding the suggested foreclosure bans for home owners, real estate experts have said these measures could blow up leading to problems throughout the financial chain. Foreclosure rates are already the lowest they have been in a decade.
