State Court Administrative Order Extends Eviction Moratorium But Permits Challenges to Hardship Declaration

On Sep. 8, 2021, the New York State Court System's Chief Administrative Judge issued AO 261/21, a number of restrictions applicable to residential and commercial eviction matters before the NY State Courts. Among other things, in any eviction proceeding pending on Sept. 2, 2021, including eviction proceedings filed on or before March 7, 2020, where a tenant has filed a Hardship Declaration, the proceeding is stayed through Jan. 15, 2022. Courts won't accept any new petition or other commencement papers in an eviction proceeding unless affidavits concerning service of a Hardship Declaration that are required under CEEFPA are included. AO 261/21 also provides that if a landlord questions the validity of a tenant's submitted Hardship Declaration, the landlord must send the tenant notice of contesting the declaration with its court papers. The landlord can request a hearing based on a good faith belief that a tenant has not experienced hardship. If, in response, a court determines that a hardship claim is valid, the case will be stayed through Jan. 15, 2022, and the court will direct the tenant to apply for emergency rental assistance funding. AO 261/21 also continues the previously issued bar on issuance or enforcement of default judgments in residential eviction proceedings, as well as stays of execution of eviction warrants. 

Administrative Order of the Chief Admin. Judge of the Courts (AO 261/21; 9/8/21; Marks, CAJ)[3-pg. document]