New York State Passes Eviction and Foreclosure Moratorium Protecting Renters, Homeowners, and Small Landlords
On Monday, December 28, 2020, Governor Andrew Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. Among other things, this legislation (S.9114/A.11181) extends certain residential foreclosure and eviction moratoria for renters and homeowners suffering hardship due to the COVID-19 pandemic.
Effective immediately, the Act places a moratorium on certain residential foreclosure proceedings until May 1, 2021. It provides restrictions on foreclosure and tax lien sales to any qualifying residential property owner that owns ten or fewer dwelling units, including their own primary residence. Property owners can apply for foreclosure and tax lien sale protection by filing a Standardized Hardship Declaration Form with their mortgage lender, local assessor, or court.
The Act also places a moratorium on residential evictions until May 1, 2021, for tenants who have suffered a COVID-related hardship. Tenants must submit a hardship declaration to prevent or halt an eviction. It must show that they have experienced a financial hardship due to the COVID-19 pandemic that prevents them from being able to pay their rent in full or move. It also applies if someone is at increased risk of severe illness from COVID-19.
Additionally, the Act shields property owners from credit discrimination if the owner has fallen behind on mortgage payments at their primary residence—or because they have received a stay of mortgage foreclosure, tax foreclosure, or tax lien sale on the property—and precludes negative credit reporting if a property owner is in arrears and has filed a hardship declaration with the lender. The legislation also requires the Office of Court Administration to implement steps to enact this new law.
To learn more about the legislation, view the press release from New York State.
Topics
Related Capabilities
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois

In The News
Jun 12, 2026
Jennifer Driscoll Discusses Antitrust Case Against Shipping Container Manufacturers

Privacy, Cyber & AI Decoded Alert
Jun 12, 2026
Hot Topics in Data Privacy: Staying Cool and Compliant This Summer

Press Release
May 20, 2026 | Updated June 18, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Press Release
Jun 11, 2026
Nia Binns Honored With 2026 Rising Star Award by the Black Women Lawyers’ Association

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful






