On December 28, 2020, Governor Andrew M. Cuomo signed an urgent eviction and prevention order COVID-19 2020 (the “Act”), a decree barring – until May 1, 2021 – the eviction of tenants with money or medical care. Problems arising from the COVID-19 epidemic and the deprivation of homeowners and young homeowners with similar problems. Although the law protects people with problems related to COVID-19, it also benefits tenants, creditors, and property owners in pre-COVID-19 activities. President Donald Trump issued a sentence on August 8, 2020, stating that the goal of eradicating the logo was unfortunate, but the government did not have any practical or political support. On September 1, the Trump administration announced an order for the Centers for Disease Control (CDC) that bans national bans for legal tenants by the end of 2020, in line with the CDC’s ability to combat the spread of the disease. . The moratorium protection certificate is expected to generate $ 99,000 or less in income for individuals by 2020, or $ 198,000 for couples, or receive a stimulus check at the beginning of the year. According to the 2021 Quota Allocation of Laws, this order is extended until January 31, 2021.
Pre-termination of COVID-19 and Dismissal
Foreclosure
The law is suspended immediately pending a 60-day withdrawal (i.e., from December 28, 2020, to February 27, 2021) and activities commencing between December 28, 2020, and January 27, 2021, within 60 days. Since your start (“Stay Right”). The law provides for a stay until May 1, 2021, for some mortgages, if the mortgagee issued on the dismissed party or in court declaring that COVID-19 has problems (“Mortgagor Report”), leading to “false assumption.” (Law, Section B, § 10.)
During the immediate stay, the law requires the court to send a copy of the Mortgage Intolerance Statement and ensure that the borrower has sufficient time to file it.
The additional residence is available only for expropriation actions when the property is owned with mortgages and has ten or fewer settlements. To qualify for an additional stay, the borrower must submit a Mortgage Weight Statement indicating financial difficulties and may not repay the loan “in full” for one or more of the following reasons:
In a non-judgmental sale, a statement of difficulty regarding mortgages will be postponed until at least May 1, 2021. If a decision on the sale was made no later than December 28, 2020, but has not yet been implemented, implementation of the decision suspended until the court holds a status conference with the parties. If the mortgagee submits a statement of difficulty with the mortgage, the campaign will be postponed until May 1, 2021.
Eviction
The deportation lasted for 60 days (i.e., from December 28, 2020, to February 27, 2021), and the case was filed for 60 days from December 28, 2020, to January 27, 2021. The law provides for the adjournment of proceedings until May 1, 2021, when the Tenant submits a statement to the landlord or court confirming the difficulties of COVID-19 (“Declaration of Tenants”). A copy of the tenants’ statement of difficulties to be mailed by the court at trial.
A tenant is eligible for eviction coverage under the Act if: (1) he or she is unable to pay the rent or other financial obligations provided in the full lease or to obtain sufficient permanent housing alternatives due to financial problems by or during COVID-19. Drill; and/or (2) the relocation and relocation of new permanent housing will pose a significant health risk, as the Tenant or one or more household members has an increased risk of serious illness or death due to COVID-19.
The provisions of the Expulsion Suspension Act do not apply if an ongoing or new petition alleges that the tenant ‘is persistently and unreasonably engaged in conduct that material violates the use and enjoyment of other tenants or residents or a material hazard is not maintained the safety of others (“Exception to Disruption”). “(Law, Part A, § 9.)
Starting new foreclosures and evictions
Foreclosures
A Statement of Mortgage Hardship must be included with all notices issued for a mortgage pursuant to Sections 1303 and 1304 of the procedural and property action law if a mortgage files a Declaration of Mortgage Hardship, a closing action against that mortgage cannot be brought until at least May 1, 2021.
At the commencement of a new action, a party making a summons shall make a statement in accordance with the penalty for injury.
Eviction
Applicant has attached “Statement Problem Tenants” all notices already on the home and provides a list of legal service providers in the nonprofit’s active with the relevant addresses. For any expulsion process that has just begun, the applicant must submit an affidavit “Tenant Crisis Statement” and be punished for the following fraud: (1) Clarify in the statement that the plaintiff or applicant received the Tenant’s “Crisis Statement”, or (2 ) proof of the appropriateness of the “Exception Exemption”.
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“Disclaimer: This is not legal advice. This is an information article only.”
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