Court Administrative Order AO/245/21 Updates Residential Eviction Matter Processing

On Aug. 13, 2021, the Chief Administrative Judge of the Courts of the State of New York issued an Administrative Order, AO/245/21, to update procedures in connection with the processing of residential eviction matters in New York Courts.

First, the AO provides that all residential eviction matters, both nonpayment and holdover, may immediately proceed "in the normal course," subject to any applicable federal or state emergency relief provisions as well as individual court scheduling requirements affected by COVID-related health and safety concerns.

Second, in connection with residential eviction cases commenced before March 17, 2020, the AO continues prior requirements set forth in AO/160A/20 and AO/231/20, with some modifications. The court must initiate a status conference for these cases and, at the conference, the course must--among other things--review the procedural history of the matter, ask if the COVID-19 pandemic has affected the parties, and refer unrepresented parties to local civil legal service providers.

Third, the AO notes that filing and service of process in eviction proceedings will continue as set forth in prior AO/267/20.

Fourth, the AO states that eviction proceedings will be conducted either remotely or in person "as appropriate."

Fifth, the AO encourages alternative dispute resolution.

Sixth, the AO notes that NYC Housing Court eviction cases also are governed by DRP 217 of the Civil Court of the City of New York.

And finally, the AO supersedes prior AO/160A/20 and AO/231/20, which have no further force or effect, and further supersedes the terms of any other administrative order inconsistent with its provisions.

Admin. Order of the Chief Admin. Judge of the Courts: AO/245/21 (NY; 8/13/21; Marks, CAJ) [2-page doc.]