Court Issues Procedural Guidance Following End of Eviction Moratorium

The NY Court System issued a Memorandum dated Jan. 16, 2022, to provide guidance regarding eviction proceedings following the expiration of the NY eviction moratorium law on Jan. 15, 2022. The Memo makes a number of points.

First, while tenants may still submit a Hardship Declaration form to a landlord or the court, there is no longer any resulting stay of eviction proceedings on that basis.

In addition, the Court is no longer barred from accepting the filing of a new residential eviction petition that does not include both an affidavit of landlord's service of the Hardship Declaration on a tenant and an affidavit from the landlord stating that no Hardship Declaration has been received from the tenant or that the nuisance exception applies. Service of the Notice of Petition with the Hardship Declaration also is no longer required.

The Court will begin restoring stayed proceedings to active court calendars, although provisions of the Tenant Safe Harbor Act (TSHA) or COVID-19 Emergency Rental Assistance (ERAP) applications may still apply to stay some eviction cases. Under TSHA, a tenant may still raise financial hardship as an affirmative defense in an eviction case, and eviction matters with a pending ERAP application continue to be stayed until a final determination on a tenant's application is made. A previously filed Hardship Declaration may still provide proof of financial hardship, although landlords can still seek to rebut that presumption.

Landlords must make a motion to vacate the stay of an eviction warrant where one was issued and, for warrants issued prior to March 17, 2020, a court conference still is required. A hearing upon motion of the landlord before issuing a default judgment authorizing an eviction is no longer required. However, no judgment or warrant shall be issued on default without a motion to the court by the landlord. 

Memorandum of Ch. Admin. Judge Lawrence K. Marks, NY Unified Court System Re: Residential and Commercial Eviction Proceedings Upon the Expiration of Chapter 417 of the Laws of 2021 (1/16/22)[3-pg. document]