Court Administrative Order 158/22 Modifies Procedures in Eviction Proceedings

On June 29, 2022, the New York State Court System issued AO/158/22 to address various procedures for eviction cases. Effective immediately, AO 158/22 supersedes AO/45/21 and AO/34/22.

For residential eviction cases commenced before March 17, 2022, AO/158/22 provides that the court must initiate a status or settlement conference if a conference has not yet been held. At the conference, the court must review the procedural history of the matter, inquire into the effects, if any, of the COVID-19 pandemic on the parties, review any special relief that parties may be entitled to under federal or state law, refer unrepresented parties to local civil legal service providers, assess any pending or anticipated motions, and use best efforts to resolve any outstanding issues. AO/158/22 also states that, for residential eviction cases commenced before Jan. 15, 2022, where a respondent is not represented by an attorney, no judgment or warrant will be issued on a prior failure to answer or a default without a motion to the court by the landlord. The AO also provides for remote or in-person proceedings "as appropriate."

If there is a pending ERAP application, eviction matters continue to be stayed until a final determination of eligibility for rental assistance is issued by OTDA, including appeals. Landlords must submit notice of a known ERAP application to the court where the eviction proceeding is pending, pursuant to prior AO/244/21. However, AO/158/22 noted that ERAP does not apply in nuisance behavior or property damage proceedings. 

Administrative Order of the Chief Administrative Judge of the Courts of New York: AO/158/22 (6/29/22)[2-pg. document]