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.
*Warrants*
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.
*Default Judgments*
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: