NY Court Issues Memorandum on Effect of USSC Chrysafis Decision on Eviction Matter Procedures

Following the U.S. Supreme Court's issuance of a stay on Aug. 12, 2021, the State of New York Unified Court System issued a Memorandum on Aug. 17, 2021, concerning Residential Eviction Proceedings Following Chrysafis v. Marks, in order to provide additional guidance on procedures for residential eviction matters. At the outset, the Court noted that, under Chrysafis v. Marks (LVT #31566), there was no automatic stay of eviction proceedings, or tolling of commencement of proceedings, upon submission of a tenant's Hardship Declaration. The Memorandum further noted that the court is no longer prohibited from accepting new residential eviction proceeding filings that contained neither an affidavit of service of the Hardship Declaration nor a landlord's affidavit stating that no Hardship Declaration had been received from the tenant or no nuisance exception applied. Service of a notice of petition with a Hardship Declaration also was no longer required. The Memorandum also stated that the courts should start restoring stayed proceedings to active calendars while keeping in mind that existing state and federal moratoria or stays pending a CERAP application may apply. 

The Memorandum also discussed the Chrysafis finding that the Tenant Safe Harbor Act still applied to residential evictions in New York and pointed out that the new CDC eviction moratorium, issued on Aug. 3, 2021, applied through Oct. 3, 2021, to any "covered person," as defined in the CDC Order. The Memorandum further stated that an eviction proceeding in which the tenant had filed a pending Emergency Rental Assistance Program (ERAP) application was stayed until a final determination was made on the application by the State Office of Temporary and Disability Assistance. 

The Memorandum further advised that the provisions of CEEFPA, Part A, requiring a different form of warrant, were no longer in effect under Chrysafis, that petitioners could make motions to vacate a stay in proceedings where the judge had already issued an order to state execution on a warrant through Aug. 31, 2021, but that the conference requirement for execution on a warrant remained in effect. Finally, the Court stated that Chrysafis removed the requirement that the court must first hold a hearing upon motion by the petitioner before issuing a default judgment authorizing an eviction in a residential eviction matter or authorizing the enforcement of an eviction under a default judgment.

State of New York Unified Court System Memorandum (8/17/21; Marks, CAJ) [3-pg. doc.]