New York’s Chief Administrative Judge Offers Further Guidance for New York Eviction Proceedings; Legislators Seek to Extend “Hardship Declaration” Moratoriums to October 31, 2021 Print PDF
In Administrative Order 245/21 (issued August 13, 2021), the Chief Administrative Judge of the Courts of New York has again directed that residential evictions may resume, subject to any federal and state emergency restrictions in the way of: (1) time limits for the commencement and prosecution of matters, (2) limitations of eviction-related remedies and similar issues, and (3) individual court scheduling requirements arising from health and safety concerns related to the COVID health emergency.
The Administrative Order also maintains the requirement that status or settlement conferences be held before residential eviction matters may proceed for such matters commenced prior to March 17, 2020.
In rendering the Administrative Order, the Chief Judge is mindful that there may still be state and federal restrictions on evictions. The Order directs courts to “remain particularly mindful of additional prohibitions on evictions that may be commanded by order, state statute or federal law.” Essentially, by way of this Administrative Order, the court is reinforcing its earlier direction in AO/231/20 (issued in October 2020) that evictions may proceed where otherwise permitted under the law subject to a conference being held prior to proceeding.
Additionally, on August 6, 2021, Bill S7315 was introduced in the New York Senate, seeking to extend the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" and the "COVID-19 Emergency Protect Our Small Businesses Act of 2021" until October 31, 2021. Those Acts are presently scheduled to expire on August 31, 2021.
Bill S7315 does not address the U.S. Supreme Court’s recent decision in Chrysafis v. Marks, 594 U.S. ____ (Aug. 12, 2021), which enjoined the application of self-certified hardship declarations to stay evictions where the landlord is prohibited from contesting the certification. Thus, the bill, if passed, could be subject to challenge based on the reasoning in Chrysafis.
Administrative Order 245/21 can be found here.
Bill S7315 can be found here.
Contact Scott Parker with any questions about the content in this alert.