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NY A06079

Bill

Status

Introduced

3/9/2021

Primary Sponsor

Kimberly Jean-Pierre

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Requires New York regulated banking institutions and mortgage servicers to make commercial mortgage forbearance applications widely available to qualified mortgagors demonstrating financial hardship during the COVID-19 covered period (March 7, 2020 through the date relevant executive orders cease applying).

  • Mandates forbearance grants for a period of 120 days to qualified commercial mortgagors, with forbearance potentially backdated to March 7, 2020, subject to the institution's safety and soundness requirements.

  • Requires deferred arrears to be treated as a non-interest bearing balloon payment due 12 months after forbearance ends, with all late fees waived; tenants' pro rata share of forborne rent similarly deferred without interest or late fees for 12 months post-forbearance.

  • Prohibits eviction proceedings against residential or commercial tenants for nonpayment of rent that accrued during the forbearance period.

  • Makes compliance with forbearance requirements a mandatory condition before lenders can commence foreclosure on missed payments subject to this section; borrowers may raise violations as a defense to foreclosure actions.

Legislative Description

Relates to authorizing commercial mortgage forbearance during the COVID-19 pandemic; requires New York regulated institutions to make applications for forbearance available to qualified commercial mortgagors and to grant such forbearance for a period of ninety days, subject to the safety and soundness requirements of the regulated institution.

Last Action

referred to banks

1/5/2022

Committee Referrals

Banks3/9/2021

Full Bill Text

No bill text available