Update on Commercial and Residential Evictions
On August 12, 2020, New York Courts extended the freeze on evictions until October 1.
The stay against bringing new commercial evictions will expire on August 19. Commercial evictions brought before March 17 do not have to be conferenced before they may proceed.
In residential cases started before March 17, judges must hold conferences before further proceedings can occur in order to address the case and COVID concerns, including whether relief is available under the New York Tenant Safe Harbor Act and other state and federal requirements. After the conference, the court may take actions it deems appropriate, including deciding any pending motions, entertaining other applications, or allowing the matter to move forward in the normal course.
Landlords with attorneys must file documents online or by mail. Parties without an attorney can file documents in person.
There is a gradual resumption of in-person court proceedings, but eviction proceedings should be conducted remotely when the court deems it appropriate.
This article updates two previously filed articles by Michelle P. Quinn, Esq., Housing Court Trials Are Resuming In Brooklyn dated July 30, 2020, and Housing Court Is Reopening, But Don't Expect Business As Usual For a Long Time dated June 18, 2020.