New York Commercial and Residential Eviction Proceedings to Partially Resume Print PDF
On August 12, 2020, as part of the ongoing resumption of court operations in the State of New York, Chief Administrative Judge Lawrence K. Marks issued Administrative Order 160/20 (“AO 160/20”). AO 160/20 authorizes commercial and residential evictions that were commenced prior to March 17, 2020 to resume as of August 13, 2020, subject to the following limitations:
- The suspension of “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process of proceeding”, as set forth in Governor Cuomo’s prior Executive Orders, continues to apply.
- Commercial evictions stayed by Executive Order 202.28 remains in effect through August 19, 2020. EO 202.28 prohibits, through August 19, 2020, the eviction of a “commercial tenant, for nonpayment of rent … by someone eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic”.
- Before any residential eviction matter may proceed, the court must hold a status conference or settlement conference, regardless of the stage of the eviction process. At the status conference, the Court must: (1) review the history of, and attempt to settle, the matter; confirm compliance with notice requirements; (2) inquire into any effects the pandemic has had on the parties; review whether the parties may be entitled to any state or federal relief; (3) refer unrepresented parties to legal service agencies; (4) assess motion practice; and (5) approve any briefing schedules.
- No residential evictions may take place before October 1, 2020.
- Filing and service of documents remain governed by AO 121/20, requiring filing and service of post-commencement papers by NYSCEF, or filing via EDDS where NYSCEF is not available, when possible.
- Petitions in eviction proceedings pursuant to RPAPL Article 7 must continue to include the Notice to Respondent Tenant, examples of which are attached to the Order.
- Evictions in New York City shall be governed by AO 160/20 and the procedures set forth in in the New York Civil Court rules.
All evictions proceedings commenced on or after March 17, 2020 remain suspended. While an eviction petition may be filed, it will automatically be stayed. Nevertheless, settlement conferences may be requested where all parties are represented by counsel.
Judge Marks’ August 12, 2020 memo and AO 160/20 can be found at https://www.nycourts.gov/whatsnew/pdf/Rev_Ev_8_12.pdf