Governor Andrew Cuomo’s Executive Orders and the Federal CARES Act have enacted foreclosure moratoriums for tenants during the pandemic. The Executive Orders covers both residential and commercial properties. The CARES Act covers properties with federally backed loans and made forbearance relief available to owners of these properties.
The New York State Department of Financial Services issued an emergency regulation requiring that NYS regulated financial institutions provide residential mortgage forbearance on property located in New York.
NYS Foreclosure Moratorium
Executive Order 202.8 was signed March 20th, 2020 and enacted the foreclosure moratorium for 90 days for both residential and commercial properties.
Executive Order 202.28 was signed May 7th, 2020 and enacted a 60-day extension of the moratorium set to expire June 20th, 2020, to August 20th, 2020. This extension applies to both residential and commercial properties where the owner or renter is eligible for unemployment insurance or benefits under state or federal law or otherwise facing a financial hardship due to the COVID-19 pandemic.
Federal Foreclosure Moratorium
Properties with mortgages owned by Fannie Mae, Freddie Mac, US Department of Veterans Affair, US Department of Agriculture, US Department of Housing and Urban Development (HUD) or secured by FHA-insured Single-Family mortgages are subject to a moratorium on foreclosure until at least August 31st, 2020.
For more information, go to:
To find out the type of loan an individual has, visit:
If an individual’s loans is not covered by the foreclosure moratoriums, access foreclosure prevention assistance at https://cnycn.org/covid-19-outbreak-homeowner-resources.
FEDERALLY BACKED MORTGAGES
Under the CARES Act, owners with federally backed mortgages have the right to request forbearance. Federal agencies that offer federally backed mortgages include:
- US Department of Housing and Urban Development (HUD)
- US Department of Agriculture (USDA)
- Federal Housing Administration (FHA)
- US Department of Veterans Affair (VA)
- Fannie Mae
- Freddie Mac
Forbearance can mean a lower payment amount or pausing payments altogether for up to 180 days, with the option of an extension for another 180 days. The mortgage payment will still be owed, but the servicer cannot charge additional fees, penalties or additional interest during the forbearance period.
Homeowners should contact their loan servicer if they are experiencing a financial hardship due to the pandemic. They would not need to submit additional documentation to qualify.
To find out the type of loan an individual has, visit: https://www.makinghomeaffordable.gov/get-answers/Pages/get-answers-find-out-mortgage.aspx or https://www.mers-servicerid.org/sis.
For more information, click here.
NON-FEDERALLY BACKED MORTAGES IN NYS
Homeowners in NYS without federally backed mortgages should contact their loan servicer for any available options.
The New York State Department of Financial Services issued an emergency regulation requiring that NYS regulated financial institutions provide residential mortgage forbearance on property located in New York for a period of 90 days to any individual residing in New York who demonstrates financial hardship resulting from COVID-19. For more information, click here.
NYC Property Taxes
NYC property taxes are still due to the NYC Department of Finance (DOF).
DOF offers several programs to assist property owners who face hardships making their property tax payments. These include exemption programs to lower the amount of taxes owed, standard payment plan options as well as the new Property Tax and Interest Deferral (PT AID) program, for those who qualify.
For more information about other housing resources visit: https://www1.nyc.gov/site/finance/benefits/benefits.page.