December 10, 2021


The Covid 19 eviction and foreclosure moratoriums currently in place in New York State are currently due to expire on January 15, 2022.  Whether that expiration date will be extended yet again is still unknown. 

However, even if the eviction and foreclosure moratoriums are allowed to expire on January 15th, we cannot expect the wheels of justice to suddenly speed up.  The current backlogs of cases pending before the Supreme Courts and the District Courts caused by past and present Covid moratoriums are very long and the courts are moving very slowly in addressing those cases.  One must be prepared for very long court delays in both existing and newly filed cases.  In most cases, litigants should be prepared to settle or be stuck impatiently waiting many months for their day in court.

Those who prepare their cases in advance may have a distinct advantage over those who delay.  Most courts (absent certain emergencies) operate on a first come first served basis.  Law firms will have their plates full filing or answering nearly two years of cases in the first months.  Tenants may be given other avenues to delay eviction, including through hardship affidavits.  An aggressive settlement strategy may be the best choice amongst a short list of bad choices available to landlords.  Now is the time to act without delay.







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.

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