Insights: Alerts New York Executive Orders 202.64 and 66 and the Tenant Safe Harbor Act
On September 29, 2020, Governor Cuomo issued Executed Order 202.66, which modified the Tenant Safe Harbor Act (Chapter 127 of the Laws of New York, 2020) to prohibit courts from issuing a warrant of eviction or judgment of possession prior to January 1, 2021 against any residential tenant suffering financial hardship during the COVID-19 state disaster emergency declared by Executive Order 202. The order specifically prohibits courts from executing or enforcing such warrants or judgments in cases where the judgment or warrant was granted prior to March 7, 2020, the date when Governor Cuomo first issued Executive Order 202 declaring a state disaster emergency as a result of the COVID-19 pandemic.
It is important to note that both the Tenant Safe Harbor Act and Executive Order 202.66 only apply to residential tenants and leases. Accordingly, as of now, the moratorium on commercial evictions and foreclosures due to non-payment expires on October 21, 2020, absent another executive order extending it.
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