Since the issuance of an Order by the CDC on September 4, 2020 which extended the moratorium on residential evictions for non-payment of rent through December 31, 2020, for covered persons, Governor Cuomo has issued additional Executive Orders (“EO”) and Judge Marks has issued an Administrative Order (“AO”) which seeks to permit the court to move forward with housing court proceedings while creating additional obstacles to delay evictions.

On September 28, 2020, Governor Cuomo issued EO 202.66 which expanded upon the CDC Order by providing for all residential evictions, both in holdover and non-payment proceedings, to be stayed through January 1, 2021 for any tenant suffering from financial hardship as a result of the COVID-19 pandemic.

This was followed by EO 202.67, issued on October 4, 2020 which extends EO 202.60 and continues to toll relevant statutes of limitation through November 3, 2020.  Upon the expiration of this time period, the courts will once again begin to accept warrant requests for tenants that fail to appear and answer their housing court proceeding.

On October 9, 2020, Judge Marks issued AO 231/20 accompanied by a memorandum stating the court’s position in response to the new EO.   Judge Marks reiterated his position that the Court is continuing toward full operations and that all residential eviction proceedings could now resume subject to individual court scheduling requirements and the federal and state relief provisions, i.e. CDC Order & the Tenant Safe Harbor Act. 

Default judgments will not be entered while the Governor’s stay remains in effect, through November 3, 2020.   Judge Marks continued the obligations that all matters commenced prior to March 17, 2020 be heard before the court prior to being able to evict a tenant and that all housing proceedings must now be E-Filed and all pending cases must be converted to an “E-File” before proceeding.

While the court continues to make it difficult to maneuver the housing court process, the courts are moving forward and Daniels Norelli Cecere & Tavel, P.C. is here to assist in guiding you through these changes and to assist in reviewing any legal claims you may have.  Please contact us at any time to discuss the particulars of any given case you may wish to commence.

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