We have received a new Administrative Order in New York as the Court’s re-open regions and share their concerns regarding Eviction proceedings. As of June 20, 2020:
Commencement documents in evictions must be filed with the Court by NYSCEF (efiling) or mail at this time.
The Court now requires two additional documents with the Petition in commercial and residential evictions proceedings.
- A petitioner’s attorney affirmation that they have review state and federal restrictions and qualifications on evictions proceedings and believe in good faith that the proceeding is consistent with those restrictions and qualifications.
- A notice to respondent-tenant (in English and Spanish) information the respondent-tenant that they may be eligible for an extension of time to respond to Petition in light of directives related to the COVID 19 Pandemic and linking them to a phone number and/or website link for further information.
Whether or note an answer is filed, further hearing is stayed until the Governor’s Executive Order suspending statutory timetables for the prosecution of legal matters expires. This order continues the suspension of eviction matters with a singular exception:
- Eviction matters commenced on or before March 16, 2020 in which all parties are represented by counsel shall be eligible for calendaring of virtual settlement conference.
It is expected that on or before the expiration of the Governor’s Executive Order suspending timetables, further directives will be issued on how to prosecute these cases.
For more information on this update please contact Director of Operations, Deborah Gallo, Esq. at [email protected]