The state’s moratorium on eviction proceedings and mortgage foreclosures has been extended to Aug. 20 under an executive order signed by Gov. Andrew Cuomo yesterday.
The current moratorium was set to expire on June 20. The governor said yesterday he was extending it now to ease anxiety among people who can’t pay their rent or mortgage due to financial hardship in the coronavirus crisis.
The executive order also bans the assessment of late fees or late payment charges on rent due between March 20 and Aug. 20. It says nothing about late fees on mortgage payments or acceleration clauses typically found in mortgages that allow the lender to call the note once the borrower has defaulted.
The order also gives tenants the right to use any security deposit being held by the landlord to cover rent due. Tenants can either replenish the security deposit in 12 equal payments or with an insurance policy covering the landlord in lieu of a security deposit.
The new order, like its predecessor, does not affect the tenant’s obligation to pay rent or a mortgagor’s obligation to pay their mortgage payments. It simply bans the commencement of legal proceedings to recover possession of a rented property or foreclose a mortgage.
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