Court Must Delay Eviction Under COVID Emergency Law

February 24, 2021

LVT Number: #31241

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act. Tenant later sought further delay based on the Emergency Eviction and Foreclosure Prevention Act of 2020, enacted on Dec. 28. The new law required delay of already issued eviction warrants until the court held a status conference. Tenant filed a hardship declaration, and the court held a conference.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, issued an eviction warrant, but delayed execution on the warrant until Jan. 1, 2021, based on the 2020 Tenant Safe Harbor Act. Tenant later sought further delay based on the Emergency Eviction and Foreclosure Prevention Act of 2020, enacted on Dec. 28. The new law required delay of already issued eviction warrants until the court held a status conference. Tenant filed a hardship declaration, and the court held a conference. Landlord rebutted tenant's financial hardship claim, showing that tenant owned a house in a neighboring city where they could relocate. But the new law didn't allow landlord a chance to rebut tenant's additional claim based on a significant health risk. So the court was required to further stay the eviction until May 1, 2021.

Piscionere v. Gori: 2021 NY Slip Op 30096(U), NYLJ No. 1611701256 (Rye City Ct.;, 1/14/21; Livingston, J)

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