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Borrello, Goodell vote against eviction moratorium

Chautauqua County’s two representatives in the New York State Legislature voted against a housing eviction moratorium that passed through both Assembly and Senate committees during a special session on Monday.

The COVID-19 Emergency Eviction and Foreclosure Act, drafted on Christmas Eve, aims to prevent evictions for those who have experienced financial hardship from the pandemic, protect against foreclosure and tax lien sales for residential property owners, prohibit negative credit reporting and discrimination in extending credit and automatically renew senior citizens’ homeowner and disabled homeowner exemptions.

Gov. Andrew Cuomo, in a televised press briefing on Monday, announced his intentions to sign the bill once it was passed and further enforce it via executive order. The state Legislature reconvened on Monday.

“We’re also going to be extending the housing eviction moratorium by executive order,” Cuomo said. “We’ve been working with them on a piece of legislation that will also extend the eviction moratorium. We want to make sure that homeowners are protected, that it doesn’t affect their credit rating, there’s no mortgage foreclosure, the Legislature convenes today, and we have an agreement with them on a housing moratorium bill.”

Cuomo said that, “We want to get to May 1 and we’ll see what happens by May but we want to protect tenants.”

“We want to make it simple,” he said. “We don’t want people evicted. We don’t want them to have to go to court to fight the eviction. But we want to make sure they’re not committing fraud either so they will make representations that will be legally enforceable. And again, we have an agreement and as soon as that bill is passed I’ll sign it.”

The legislation passed through the Assembly’s judiciary committee 15-6 with 150th district Assemblyman Andrew Goodell, R-Gerry, voting “Nay.” Joseph Giglio, R-Gowanda, who represents the 149th district also voted “Nay” when the legislation came before the Assembly’s rules committee.

State Sen. George Borrello, R-Sunset Bay, also voted against bill in the Senate, stating the “legislation is so deeply flawed, I had no alternative other than to vote no,” in a release. Borrello said that the moratorium “will cause further financial damage by denying revenue to property owners without even requiring a tenant to provide some kind of proof of financial difficulty.”

“There is no means testing or effort made to identify those truly suffering hardship,” said Borrello, who represents the 57th Senate district. “In addition, it further punishes so many small business owners who may themselves lose their property and livelihoods from the loss of critically needed revenue.”

Borrello noted that during the special session, Senate Republicans put forth an amendment “adding sensible provisions to this legislation, including requiring a tenant to meet a hardship income threshold, similar to what is in place in California,” among other measures.

“This balanced approach, which does not harm one group to benefit another, was quickly rejected in favor of the politically motivated and unfair bill that passed,” he said. “The Governor and the Democratic majority in the Legislature have failed to provide any support for our struggling small businesses and the families they support. So many property owners across the state are struggling. This legislation will devastate them.”

Senate Republican Leader Rob Ortt, R-North Tonawanda, voiced similar concerns in a release sent to statewide media.

“The brazen and broad legislation introduced by Senate Democrat … doesn’t stop the suffering of tenants or landlords,” he said. “This legislation simply halts all housing court proceedings without consideration of income level, allowing some of New York’s wealthiest residents to escape their financial obligations by checking off a box. Meanwhile, costs on small business owners will continue to pile up, with no relief in sight.”

“Leaders in Albany should be willing to work with all stakeholders to address the current housing challenges to support tenants and owners,” Ortt continued. “Instead, the Democrat Majority has advanced what they say is the most radical in the country and socialist advocates will use it as a step towards their goal of eliminating private housing in New York.

“None of these Band-Aids will be enough until we can re-open New York for business,” Borrello added.

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