Governor Andrew M. Cuomo delivers briefing on Coronavirus pandemic. Image Credit: Governor’s Office

Advocates and industry leaders calling for more protections and more action from Governor. On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.28, extending the eviction moratorium through August 20, 2020. The moratorium prevents the filing of eviction proceedings against both residential and commercial tenants. The original eviction moratorium, came by way of Chief Administrative Judge Lawrence K. Marks on March 15, 2020, and was reinforced by Governor Cuomo’s Executive Order No. 202.8, on March 20, 2020. The March 20 order extended the eviction moratorium through June 20, 2020. Read CityLand’s initial coverage of the eviction moratorium here.

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NYS Unified Court System Logo Image Credit: NY Courts

REBNY, Legal Aid and all parties united against evictions during Corona outbreak. On March 15, 2020, the New York State Court System issued an indefinite moratorium on eviction proceedings, effectively allowing many people and families throughout the state to stay in their homes and off the streets or in shelters. Tenant advocates and numerous elected officials argued housing insecurity and homelessness will only exacerbate the COVID-19 threat. The proceedings which a New York City Housing Court might now hear, will be limited to landlord lockouts, serious housing code violations and repair orders. Chief Administrative Judge Lawrence K. Marks’ memorandum also limits other types of “non-essential” proceedings to assure the operation of the courts in the safest possible manner for the public and court employees.

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Screen Shot of Department of State’s Rent Law Memorandum. Click the image to view the full memorandum.

Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section prohibiting landlord’s brokers from collecting commissions from prospective tenants.

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Image Credit: William Alatriste

Intro 30-A gives HPD liens a stronger position. On August 14, 2019, City Council passed Intro 30-A providing that the City’s Department of Housing Preservation and Development’s (“HPD”) orders to vacate the premises, and the subsequent costs to relocate the displaced tenant would now be considered high status tax liens on the property. The law is intended to discourage the negligence of building owners and give HPD an ability to recover relocation expenses of those tenants that were forced to vacate. These liens will have a first position over all other liens and encumbrances on the building and lot except for other tax liens and assessments.

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Councilmember David Greenfield, chair of the Committee on Land Use . Image credit: William Alatriste/New York City Council

Peter Koo and David Greenfield-sponsored bill was supported by Real Estate industry and vehemently opposed by preservationists. On June 8, 2016, the full City Council voted to approve a bill amending the City’s Landmark Law following a Land Use Committee meeting on June 7.

The legislation, Introduction 775, mandates that Landmarks vote on an item for designation as an individual, interior, or scenic landmark within one year of holding a public hearing. If the Commission does not hold a vote within the 12-month time span, the item will be removed from the Commission’s calendar. The Commission may extend the time frame by another 12 months with the owner’s concurrence if there is sufficient need. For historic districts, the Commission must take action within 24 months of the district’s initial calendaring. For all items that have been calendared prior to the law’s passage, the Commission must take action within 18 months of the law’s effective date, with a provision for a further 12-month extension with the owner’s consent. (read more…)

A map of the approved extension. Image credit: LPC

Commission decided to retain boundaries as originally presented, after considering questions raised at July hearing. On September 22 2015, the Landmarks Preservation Commission voted to designate the Mount Morris Park Historic District Extension, composed of the 276 properties on six blocks. The new district adjoins and shares a development history with the existing Mount Morris Park Historic District, designated in 1971.

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