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EVICTIONS UNDER COVID 19

September 01, 2020

 

We have been receiving a lot of calls regarding tenancies and evictions.  The rise of Corona Virus numbers in March of 2020 resulted in Governor Cuomo’s Executive Order stopping all evictions and closing down the landlord/tenant courts.  The issuance of numerous other Executive Orders since then has caused panic and confusion on both sides, by both landlords and tenants, as both parties are unsure of their rights and obligations.  The rules keep changing, and the deadlines keep moving. 

Here is what we know today…

  • Eviction proceedings which were commenced before March 17th are now permitted to resume prosecution, but eviction proceedings filed after March 17th mostly remain suspended. 
  • New eviction proceedings are being accepted for filing, but the Courts are so backlogged that they are assigning first court appearance dates months out.  It appears to be a first come first served basis for first appearances other than for true emergencies.
  • Tenants remain responsible to pay rent and rent arrears.  Tenants can be brought into court for eviction proceedings for nonpayment, but no late fees or attorney’s fees have been permitted to be charged during the eviction moratorium. 
  • The commercial eviction moratorium has expired.
  • The residential eviction moratorium currently expires October 1, 2020.

To sum up, at this time, predicate notices may be served by landlords upon their tenants, and eviction proceedings may be filed.  Early action is recommended.  An eviction can be expected to take much longer than in the past.  Due to the court’s backlog, which is expected to last well into next year at the least, settlement attempts are highly recommended in most cases. 

 

 

 

 

 

 

Prior results do not guarantee a similar outcome. All information posted is general advice only, based upon the rules of NYS, and is not intended to be a substitute for personal legal advice. Although information provided here was accurate as of the date of posting, laws change frequently and rules in other jurisdictions may differ. Therefore, readers should not rely upon these postings but should consult an attorney to discuss their specific factual situation.

175 East Shore Road, Suite 270,  Great Neck, NY 11023  Phone: (516) 482-1186