PROCEDURE-COURT

DRP-222 Issued Post-Eviction Moratorium to Address Default Judgments

February 21, 2022    

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-222 was issued to address the management in New York City's Civil Courts of motions for default judgments in residential and...

DRP-221 Issued to Guide Management of Eviction Cases Commenced after March 16, 2020

February 21, 2022    

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-221 was issued to address the management in New York City's Civil Courts of residential and commercial eviction matters commenced...

Landlord's Petition Didn't Give Tenant Notice of Regulations

January 26, 2022    

Landlord sued to evict tenant for nonpayment of rent. Landlord stated in its court petition that tenant wasn't subject to rent control or rent stabilization because the premises was operated by a nonprofit...

Unemployed Tenant Who Got Large Settlement Couldn't Rely on Hardship Declaration

January 25, 2022    

Landlord sued to evict tenants for nonpayment of rent. Landlord questioned the validity of a Hardship Declaration filed by tenants. The court ruled for landlord after holding a hearing. One tenant had applied for...

Administrative Order 34 of 2022 Addresses Court Procedures Post-Eviction Moratorium

January 25, 2022    

Immediately following the end of the NY eviction moratorium on Jan. 15, 2022, the NY Court System issued AO/34...

Court Issues Procedural Guidance Following End of Eviction Moratorium

January 25, 2022    

The NY Court System issued a Memorandum dated Jan. 16, 2022, to provide guidance...

Tenant's Filing of Second ERAP Application Stayed Execution on Eviction Warrant

January 21, 2022    

Landlord sued to evict tenant for nonpayment of rent. Initially, a judgment of possession and money judgment were entered in landlord's favor in January 2020. Execution on the eviction warrant was stayed until...

Tenants Must Pay U & O While Case Pending Outside Pending ERAP Applications

January 20, 2022    

Tenants sued landlord in February 2020, claiming that they were rent stabilized, after landlord served them with 90-day lease nonrenewal notices in November 2019 and then commenced eviction proceedings in Housing...

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

December 22, 2021    

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...

Landlord's Termination Notice Didn't Allow Sufficient Time

December 14, 2021    

Landlord sued to evict tenant, claiming that tenant engaged in unreasonable behavior that substantially interfered with others' use and enjoyment of their units, and caused substantial safety hazards in the...

Process Server Didn't Show Due Diligence Used Before Nail-and-Mail Service

December 14, 2021    

Landlord sued to evict tenant for nonpayment of rent. Landlord sought a default judgment when tenant failed to appear or answer the petition. The court ruled against landlord. Under the COVID-19 Emergency Eviction...

Appeals Court Revokes Lower Court's Order to Vacate Settlement Agreement

November 22, 2021    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn't appear in court, but occupant appeared and claimed succession rights as a nontraditional family member. Landlord and occupant...