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Monday, September 21, 2020

Commercial evictions remain on hold in New York

Governor Andrew M. Cuomo today announced an Executive Order extending the state's moratorium on COVID-related commercial evictions and foreclosures an additional month, until October 20th. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The extension of this protection gives commercial tenants and mortgagors additional time to get back on their feet and catch up on rent or their mortgage, or to renegotiate their lease terms to avoid foreclosure moving forward. 

"The pandemic remains far from over, and we need to continue protecting the business owners supporting their families amid restrictions necessary to protect the public health," Governor Cuomo said. "That's why it's the right decision to extend the eviction ban for commercial tenants another 30 days."

Governor Cuomo first announced a State moratorium on residential and commercial evictions on March 20 to ensure no tenant was evicted during the height of the public health emergency. The commercial eviction and foreclosure moratorium was extended through August 20 and later through September 20 by Executive Order, and the Governor signed the Tenant Safe Harbor Act on June 30 which became effective immediately and additional legislation to provide financial assistance to residential renters and homeowners which has extended the moratorium for those tenants until the Emergency has expired. Governor Cuomo also has provided additional protections for residential renters from charges for late payment of rent, and allowed tenants to use security deposits to pay rent for residential tenants by Executive Order.