New York halts evictions due to corona-virus pandemic and other Court updates

In a press release describing new “hot spot, clusters” the Governor Andrew M. Cuomo stated “….. this thing is not over.”

The NY Governor, September 29th, 2020, announced that the State’s Tenant Safe Harbor Act will be expanded until January 1st, 2021 to protect additional tenants from eviction if they are suffering financial hardship during the COVID-19 public health emergency – Executive order 202.66.

From the governors press release, we hear that earlier this month, the State’s moratorium on COVID-related commercial evictions and foreclosures was extended by Governor Cuomo by Executive Order, until October 20th. This extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants. The expectation is that commercial tenants and mortgagors would have additional time to either get back on their feet and catch up , or to renegotiate terms to avoid foreclosure moving forward.

On October 4th, In keeping with these measures, the governor, again extended the suspension and tolling of  statutes until November 4th 2020 under  Executive order 202.67 once again, allowing more time for cases to be served and filed.

While in the State Courts, new Administrative orders have been issued.

Deputy Chief Administrative Judge for the New York City Courts George J. Silver today announced that as of Monday, October 5th, 2020, the New York City courts will adopt a uniform case scheduling order in all civil cases where the City of New York is named as a defendant. This will eliminate the need for in-person conferencing, allowing clerks to enter dates for discovery disclosures.

In the Housing Courts E-filing has been adopted for eviction cases in all five borough of New York. Filers may now e-file all landlord and tenant matters in the Bronx, Harlem Community Justice Center, Kings, New York, Queens & Richmond County Civil – Housing Parts.

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