Chief Administrative Judge Lawrence K. Marks of the Courts of New York State delivers testimony during a joint legislative budget hearing on Thursday, Feb. 4, 2016, in Albany, N.Y. Photo: Hans PenninkEviction Hearings Stayed as Chief Administrative Judge Lays Out Details for New Filings
Court leaders remain concerned about the health consequences of "a sudden high-volume influx of eviction matters," Marks wrote in a memo Thursday.
June 18, 2020 at 06:15 PM
3 minute read
Days before New York's blanket eviction moratorium is set to lift, Chief Administrative Judge Lawrence Marks explained what's next for New York's housing courts.
Court leaders remain concerned about the health consequences of "a sudden high-volume influx of eviction matters," Marks wrote in a memo Thursday.
On Saturday, Gov. Andrew Cuomo's eviction moratorium enters a 60-day extension phase, which has caused some confusion for landlords and tenants alike. While the initial 90-day moratorium covered all residential and commercial evictions, the extension prohibits evictions and foreclosures for owners and renters facing financial hardship related to the pandemic.
Hearings on eviction matters will be stayed through July 6 at the earliest, according to Marks' memo. July 6 is the expiration date of Cuomo's current executive order suspending statutory timetables, an order that has already been extended several times.
The stay has one exception, according to the memo: if an eviction proceeding began before March 16 and all parties are represented by counsel, it can be calendared for a virtual settlement conference.
Marks will share more information about case processing "at or before" the expiration date of Cuomo's executive order, he wrote.
Effective Saturday, documents commencing an eviction can only be filed by mail or online, Marks wrote.
Petitions must include an affirmation that the plaintiff or plaintiff's attorney has "reviewed the various state and federal requirements and qualification on eviction proceedings and believes in good faith that the proceeding is consistent with those restrictions and qualifications," Marks wrote.
Respondents will receive a form notice in English and Spanish informing them that they may be eligible for an extension of time to respond due to the pandemic. The notice will include guidance on how to learn more by phone or online, according to Marks' memo.
Marks also issued a reminder that e-filing for housing court matters is expected to become operational later in the summer. Information about training and implementation is coming soon, he wrote.
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