MORATORIUM ON EVICTIONS ENDS JANUARY 15, 2022
Pursuant to Administrative Order 34/22, effective January 15, 2022, all residential and commercial eviction matters, both nonpayment and holdover, may proceed in the normal course. Hardship Declarations previously submitted to the courts will no longer automatically stay eviction proceedings and no new Hardship Declarations may be filed. All residential eviction matters will proceed pursuant to AO/245/21 and remain subject to the conference requirements set forth therein.
Previously filed Hardship Declarations that have not been deemed invalid by any court may still be used as evidence of a COVID-19 related financial hardship by tenant-respondents in residential eviction matters. Residential eviction matters where a tenant-respondent has applied for COVID-19 Emergency Rental Assistance (ERAP) continue to be stayed until a final determination of eligibility is issued by the State or local program processing the respondent-tenant’s rental assistance application. Final determination of eligibility occurs when the ERAP appeals process has been exhausted. An exception to the stay pending a final determination of eligibility for ERAP assistance exists where it is alleged within the petition that the tenant is a Nuisance or is engaging in Objectionable conduct. In such cases, the court will determine whether the stay should continue following a hearing.
*Tenant Safe Harbor Act*
The Tenant Safe Harbor Act (TSHA) continues to remain in effect in residential eviction proceedings. The TSHA extends the moratorium on evictions of residential tenants with COVID-19 related hardship during the “COVID-19 covered period,” from March 7, 2020 until January 15, 2022. Accordingly, a court cannot issue a warrant of eviction or other possessory judgment against a residential tenant that has suffered a financial hardship during the COVID-19 covered period for non-payment of rent. A tenant may raise financial hardship as an affirmative defense in any residential summary proceeding where the basis for the proceeding is the non-payment of rent under Article 7 of the RPAPL. The TSHA does not prohibit a court from awarding a money judgment for the rent due and owed to a successful petitioner in a RPAPL Article 7 summary proceeding.
All applications for warrants on judgments issued after March 16, 2020, but prior to September 2, 2021, shall be presented by motion on notice to the tenant to ensure 1) the warrant complied with the requirements set forth by the laws, orders and procedures that were in effect at the time of issuance, and 2) there are no further stays applicable to the proceeding.
The conference requirement for execution of warrants of eviction issued prior to March 17, 2020, remains in effect pursuant to AO/245/21.
The Court is no longer required to hold a hearing upon motion of the petitioner before issuing a default judgment authorizing an eviction in a residential eviction matter or authorizing the enforcement of an eviction pursuant to a default judgment. No judgment or warrant shall be issued on default without a motion to the court by the petitioner.
For more information including a link to AO/34/22 and its accompanying memorandum from Chief Administrative Judge Lawrence K. Marks dated January 17, 2022, please visit the following link:
All Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon.
Calendars are called at 9:30 a.m., unless an alternate time has been designated by the court.
During the Covid-19 coronavirus pandemic, many court proceedings are being conducted virtually. The court will contact you with instructions on how to appear remotely if your proceeding is to be conducted virtually.
Adjournment requests must be in writing and will not be considered by phone. The party requesting the adjournment must provide the Court and all other parties named in the case with a copy of the letter request for the adjournment/postponement. One (1) adjournment/postponement of not less than fourteen (14) days will be granted to the first party to make a proper, timely request. All subsequent adjournment/postponement requests are left to the discretion of the court.
Landlord and Tenant (L&T) cases require a high level of understanding of the law and rules of New York State. While you have a right to proceed without an attorney, the Court suggests that you consult with an attorney before proceeding as a self-represented litigant.
Landlord-Tenant (L&T) cases generally seek the relief of an order of the Court directing the rightful possession of real property – residential or commercial – back to the landlord. In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to leave the property by a date certain. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) – summary proceedings to recover possession of real property.
The most common types of eviction proceedings are:
• Non-Payment proceedings - brought only after there is a default in the payment of rent, and the landlord demands that the tenant pay the rent or move from the property (there is no mandatory dollar limit or cap on the amount of proven unpaid rent that may be awarded in a money judgment in a summary proceeding). (see RPAPL §711)
• Holdover proceedings - generally brought when a person or business remains in possession of real property after the tenancy has either been terminated or expired by its own terms. For example, when a lease ends on a certain date or after service of a termination notice. (see RPAPL §711)
• A party may also bring a proceeding claiming Nuisance (Nuisance proceedings) in which the tenant or occupant uses the property or commits acts on the property that interfere with another’s right to use and enjoy the property and/or poses a safety risk or hazard to others at the property.
• For information on other types of Landlord Tenant proceedings, please speak with an attorney.
Additional Landlord Tenant Resources
The various L&T resources are provided to offer a basic understanding of L&T Court. This information is not to be considered in any way as providing legal advice regarding your particular matter nor is it a substitute for you seeking the advice of counsel.
Landlord Tenant court schedule
L&T cases calendar days in the Suffolk District Courts
Landlord and Tenant proceedings require a high level of understanding of the laws and rules of New York State, including:
• Real Property Law
• Real Property Actions & Proceedings Law
• Civil Procedure Laws and Rules
In addition, there are specific local rules and practices regarding L&T cases. While you have a right to proceed without an attorney, the Court once again suggests that you consult with an attorney before proceeding as a self-represented landlord or tenant.
Please also see: