DRP-223 Amends Procedure for Obtaining Default Judgments in Housing Court

Immediately following issuance of Administrative Order AO 158/22 on June 29, 2022, the NYC Civil Court issued DRP-223 on June 30, 2022, concerning management of motions for default judgments in residential and commercial eviction cases. DRP-223 rescinded prior Directives issued under DRP-217, DRP-221, and DRP-222. The Court noted that the COVID-19 Emergency Eviction and Foreclosure Protection Act (CEEFPA) expired on Jan. 15, 2022, and prior directives had directed motion practice to obtain default judgments to ensure adequate notice to parties who may have been unclear about a case status. Acknowledging that time had passed and the pandemic had changed course, the Court reduced some of these requirements.

For eviction matters commenced before Jan. 15, 2022, if a respondent is unrepresented by an attorney, no judgment or warrant will be issued on default or on the respondent's prior failure to appear without a motion by the landlord for such relief. If a co-respondent represented by an attorney does not appear, judges retain discretion to require a motion against the non-appearing party. In Housing Court, motions for default judgments must be made returnable in the HMP Part unless the case already has been assigned to a Resolution Part. If the respondent fails to appear in the HMP Part after notice from the court, the motion will be assigned to a Resolution Part for determination. If the respondent appears, the respondent will be referred to an attorney and the case will be transferred to a Resolution Part. If the motion is granted, a Marshal's Requisition for a default warrant may be submitted to the Warrant Section. This Requisition must be supported by an affidavit of a nonmilitary investigation. After review, the Warrant Section will refer the case to the judge who decided the motion, for review and signature. DRP-223 further directs that, for eviction matters commenced on or after Jan. 15, 2022, a motion is not required to obtain a default judgment.

Civil Court of the City of New York Directives and Procedures # DRP-223 (6/30/22)