Legislative Update Nov/Dec
By Connor Gillis
Governor extends ban on COVID-related residential evictions until Jan. 1, 2021
Governor Cuomo extended the state’s moratorium on COVID-related residential evictions until January 1, 2021, through Executive Order. Additionally, previous Executive Orders have prohibited charges or fees for late rent payments, and tenants facing financial hardship can still use their security deposit as payment and repay their security deposit over time. Earlier in the month, the State’s moratorium on COVID-related commercial evictions and foreclosures was extended until October 20. Read more here.
Judge says residential evictions to resume Oct. 12 with “caveats”
New York Administrative Judge Lawrence Marks issued guidance saying that some residential evictions – including those for non-payment of rent and for breaking lease terms – may resume October 12, but the proceedings are expected to take longer than usual. Governor Cuomo signed an executive order extending the Tenant Safe Harbor Act until Jan. 1, 2021, which bars the eviction of tenants financially impacted by Covid-19 for non-payment of rent but allows landlords to obtain money judgments. The CDC’s rule limiting evictions also remains in effect until the end of the year. Read more here.
City of Albany Considers Changes to the City Code Dealing with Landlord-Tenant Relationship
The City of Albany’s Corporation Counsel’s Office is drafting a proposal of changes to the City Code dealing with the landlord/tenant relationship. GCAR has concerns on the initial draft that we hope will be addressed before this proposal moves to the City Council. The biggest concerns are the potential imposition of a “good cause eviction” standard in the City. While details of the proposal have not been put forward, we assume that the basis of the law will be modeled after the bill that is before the state legislature right now. The basis for this law is to provide tenants in the city with increased protections. It is important to point out, however, that tenants in New York currently have considerable eviction protections that were strengthened by the enactment of the Housing Stability and Tenant Protection Act of 2019. The GCAR government affairs committee will be actively engaged in this process and will update the membership as needed.
County Executive Dan McCoy Releases 2021 Budget Proposal
Albany County Executive released his proposed executive budget for Fiscal Year 2021. The $719.3 million budget remains under the tax cap for the third year in a row and taxpayers will see a slight decline in their tax rate. To present a balanced spending plan for 2021, McCoy’s budget relies on tapping the county’s $60 million rainy-day fund for $3 million, reallocating $5 million that would have otherwise been appropriated toward paying off county debt, and $5 million in salaries and benefits savings from 72 employees who each accepted a $15,000 early separation payout to either retire or leave the county employ. The Audit and Finance Committee will host a series of meetings as part of its annual review of the budget beginning on Monday, Oct. 19, 2020, at 5:30 p.m. The Committee will first meet with the county’s elected officials, including County Executive, County Clerk, District Attorney, Sheriff, Coroners, and Comptroller. In subsequent sessions on Oct. 21, 22, 23, and 26, the Committee will engage with the county’s various department and agency leaders. Additionally, there will be two public hearings scheduled for Tuesday, Oct. 27, and Tuesday, Nov. 24.
Local Election Results
43rd Senate District: Daphne Jordan (R)
44th Senate District: Neil Breslin (D)
45th Senate District: Dan Stec (R)
46th Senate District: Rich Amedure (R)
49th Senate District: James Tedisco (R)
20th Congressional District: Paul Tonko (D)
107th Assembly District: Jake Ashby (R)
108th Assembly District: John McDonald (D)
109th Assembly District: Patricia Fahy (D)
110th Assembly District: Phil Steck (D)
111th Assembly District: Angelo Santabarbara (D)
112th Assembly District: Marybeth Walsh (R)
113th Assembly District: Carrie Woerner (D)