Gallet Dreyer & Berkey, LLP | Wait No More – Landlords May Pursue Eviction Proceedings as Usual
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  • Wait No More – Landlords May Pursue Eviction Proceedings as Usual

    With the expiration and repeal of state and federal eviction moratoriums, NYC housing courts are already experiencing an increase in filings.  Landlords have been able to bring eviction proceedings unless a tenant filed or submitted a self-certifying Hardship Declaration Form (the “Hardship Form”), which then stayed a landlord’s eviction efforts until August 31st.  Recently the United State Supreme Court determined that the Hardship Form violated landlords’ due process rights.  In accordance with this decision, Chief Administrative Judge Lawrence J. Marks issued an administrative order specifically authorizing that “all residential eviction matters, both nonpayment and holdover, may proceed in the normal course.”  

    Consequently, a landlord does not have to wait until after August 31st to commence an eviction proceeding and a tenant’s filing of a Hardship Declaration will no longer automatically stay the eviction proceeding.  Nor can tenants look for protection under the CDC moratorium, which stayed proceedings until October 3rd as the United States Supreme Court determined on August 26, 2021 that the CDC did not have authority to impose the moratorium.

    We will continue to follow state and federal attempts to delay evictions and will timely advise you of new developments.    Given the high volume of new eviction filings expected, we encourage landlords who have been waiting until the expiration of moratoriums to contact us to begin or resume eviction proceedings.  Commencing a case establishes your place in line with the court and alerts your tenant that the tenancy is at risk, potentially leading to settlement discussions.