Update on Commercial and Residential Evictions

Written By: Beatrice Lesser Michelle P. Quinn

couple sitting on a couch surrounded by packing boxes

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.

about the authors

Beatrice Lesser


For more than 20 years, Ms. Lesser has been counsel to numerous co-ops and condos, individuals and businesses, landlords and tenants, and homeowners associations. Ms. Lesser has been advising them regarding all aspects of litigation in real estate law, contracts, leases, discrimination, restrictive covenants, Loft Law, and other related issues.

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Michelle P. Quinn


Michelle P. Quinn represents cooperative and condominium boards, businesses, and individuals regarding issues with shareholders and owners in commercial and residential landlord-tenant litigation, including summary proceedings, administrative agency hearings, and Supreme Court actions and appeals.  She has substantial experience with Mitchell-Lama cooperatives, redevelopment companies, and tenancies protected by New York State Rent Regulation.

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