**COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act of 2021**
Effective December 28, 2020, the Covid-19 Emergency Eviction and Foreclosure Prevention Act of 2020 provided for a temporary stay of most residential landlord tenant proceedings until February 26, 2021. Most eviction proceedings for which a Hardship Declaration has been filed are further stayed until August 31, 2021. For more information, place the following link in your web browser (https://www.nycourts.gov/covid-eefpa.shtml).
The COVID-19 Emergency Protect Our Small Businesses Act of 2021 provided similar relief for small businesses effective March 9, 2021. Most eviction proceedings for which a Hardship Declaration has been filed are further stayed until August 31, 2021. For more information about the COVID-19 Emergency Protect Our Small Businesses Act of 2021, place the following link in your web browser (http://www.nycourts.gov/eposba/).
Note, that for the stay to apply, the tenant - residential and business - must complete the COVID-19 Hardship Declaration Form and submit same to the landlord and/or, if a case is already pending, to the court.
** Tenant Safe Harbor Act** (passed June 30, 2020)
In a non-payment proceeding (residential property only) involving unpaid rent from March 7, 2020 through present, and continuing until halted by law or executive order (the Covid-19 Period), only a money judgment may be awarded against the tenant (no warrant of eviction) where the tenant establishes suffering financial consequences due to Covid-19 during the Covid-19 Period.
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: