New COVID-19 Directives Extend Moratorium on NY Eviction Proceedings
by Ryan Houck
In response to Executive Order 202.55 signed by Governor Cuomo on August 5, 2020, the Chief Administrative Judges of the State and City of New York recently promulgated a new set of directives addressing pending landlord-tenant cases.
Judgments Already Issued. For residential cases commenced prior to March 17, 2020, a Petitioner (Co-op) who was awarded a judgment of possession prior to that date and who seeks to: (1) file a warrant of eviction request with the court; or (2) execute on a warrant of eviction already issued, must file a motion with the court seeking permission to do so. If the motion is granted, the earliest date an eviction can take place is October 1, 2020.
Residential landlord-tenant cases commenced on or after March 17, 2020 continue to be suspended. New cases may still be commenced, but no default judgments will be awarded even if a tenant/respondent fails to answer the notice of petition. In addition, even if a tenant/respondent does file an answer, if the tenant/respondent is not represented by an attorney, the court will adjourn the matter to a later date. However, if all tenants/respondents are represented by an attorney, the court will schedule a settlement conference.
Also, Governor Cuomo recently signed Executive Order 202.57 extending the moratorium on commercial evictions for nonpayment of rent until September 20, 2020. Petitioners may still file new commercial landlord-tenant cases, but similar to residential cases, no default judgments will be awarded for failure to answer and the case will be adjourned to a later date, unless all tenants/respondents are represented by an attorney. We expect the Chief Administrative Judges of the State and City of New York to issue further directives in response to this latest Executive Order within the coming weeks.
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