NYC Civil Court Issues DRP-219 to Address Management of Motions for Default Judgments

The NYC Civil Court issued directives and procedures for management of motions for a default judgment in housing court in accordance with the September 2021 state law establishing a procedure for seeking a default judgment and warrant in a residential eviction proceeding during the period covered by the statute. DRP-219 was issued in response to a large number of motions then being received by the court. DRP-219 remains in effect until at least Jan. 15, 2022.

As stated in the DRP, no judgment or warrant will be issued on default without a landlord's motion seeking such relief. The court must hold a hearing on the motion and will review whether proper notice of the hearing was given, whether the landlord served the tenant/occupant with a Hardship Declaration notice form, whether the respondent signed a Hardship Declaration, whether landlord has a good faith belief that the Hardship Declaration isn't valid, whether the respondent has applied for ERAP relief, and whether landlord's court petition is properly verified. If the court grants landlord's motion, a Marshal's Requisition for a default warrant may be submitted to the court, and must be supported by a nonmilitary affidavit. If a respondent so requests, default judgments issued before Dec. 28, 2020, or between Aug. 13, 2021, and Sep. 2, 2021, must be vacated or "removed" and restored to the calendar.

Civil Court of the City of New York Directives and Procedures No. DRP-219 (11/23/21)[2-pg. document]