Chief Judge Announces Revisions to Commercial and Residential Eviction Proceedings

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Execution of eviction warrants paused until October. On August 12, 2020, New York State Chief Administrative Judge Lawrence K. Marks issued a memorandum revising the procedure for both residential and commercial eviction proceedings. Evictions proceedings filed after March 17, 2020, whether residential or commercial, will continue to be suspended. Eviction proceedings commenced prior to March 17, 2020, may resume with a few crucial caveats.

Commercial evictions, filed before March 17, 2020, may proceed unless the tenant has unemployment insurance or is protected by the federal or state laws prohibiting action against tenants facing financial hardship from the COVID-19 pandemic. It should be noted that the pause on commercial eviction proceedings from COVID-19 related financial hardships, lasts only through August 19, 2020.

Residential evictions, filed before March 17, 2020, require the court to hold a settlement conference to address possible means of relief, COVID-19 concerns and other matters related to the case. The settlement conference mandate also applies to judgments and warrants of evictions that were issued, but not yet executed. If after the conference, the residential eviction is scheduled to proceed, it may not actually take place before October 1, 2020. Future state or federal eviction moratoriums could well extend that date.

Judge Marks’ memorandum also makes clear that all eviction proceedings should be held remotely for the health, safety and convenience of the parties involved.

For further detail on eviction matters within New York City, refer to the Judge’s Administrative Order annexed behind the memorandum.

In addition to this coverage, CityLand will continue its coverage of the COVID-19 impact on New York City and its related government entities. For New York City-specific COVID-19 updates, the City established an information site with updates from all major administrative agencies. Agencies include the Department of Buildings, City Planning, Citywide Administrative Services, the Department of Finance and the Department of Transportation among others. You can find that page here.

By: Jason Rogovich (Jason Rogovich is the CityLaw Fellow and New York Law School Graduate, Class of 2019)



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