The Department of Financial Services (DFS) today issued an emergency regulation requiring that, during a specified time, New York State 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 as a result of the COVID-19 pandemic, subject to the safety and soundness requirements of the regulated institutions. The emergency regulation also requires that, during a specified time, New York regulated banking organizations eliminate fees charged for the use of Automated Teller Machines (ATMs) that are owned or operated by the regulated banking organization, overdraft fees, and credit card late payment fees for any individual who demonstrates financial hardship as a result of the COVID-19 pandemic, subject to the safety and soundness requirements of the regulated banking organization. This emergency regulation is adopted pursuant to
Governor Andrew M. Cuomo’s Executive Order No. 202.9
.
“Thanks to Governor Cuomo, DFS is further empowered to step up for New Yorkers during the COVID-19 pandemic,”
said Superintendent of Financial Services Linda A. Lacewell.
“This emergency regulation provides a measure of much needed financial relief to New York residents with New York State mortgages on homes in New York State."
The DFS emergency regulation provides that for the duration specified in the Governor’s Executive Order, which may be extended, New York regulated institutions are required to:
·
Make applications for forbearance of any payment due on a residential mortgage of a property located in New York widely available to any individual residing in New York who demonstrates financial hardship as a result of the COVID-19 pandemic, and grant such forbearance for a period of ninety (90) days, subject to the safety and soundness requirements of the regulated institution, and the federal exceptions listed;
·
Provide the following financial relief to any individual who can demonstrate financial hardship from the COVID-19 pandemic, subject to the safety and soundness requirements of the regulated banking organizations: (i) eliminating fees charged for the use of Automated Teller Machines (ATMs) that are owned or operated by the regulated banking organizations; (ii) eliminating any overdraft fees; and (iii) eliminating any credit card late payment fees.
Regulated institutions are not limited to offering the types of relief listed above. Regulated institutions are encouraged, consistent with safe and sound banking practices, to assist individuals with a demonstrated financial hardship as a result of the COVID-19 pandemic in any additional manner they deem appropriate.
This emergency regulation is not applicable to, and does not affect any mortgage loans made, insured, or securitized by any agency or instrumentality of the United States, any Government Sponsored Enterprise, or a Federal Home Loan Bank, or the rights and obligations of any lender, issuer, servicer or trustee of such obligations, including servicers for the Government National Mortgage Association. The emergency regulation also does not apply to any commercial mortgage or any other loan not described in the regulation.
The emergency regulation can be found at Part 119 of Title 3 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Read a
copy of the emergency regulation.
We will continue to you keep you updated as we receive information.
Thank you.
Kathy Lovece
ESMBA President
