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Governor Cuomo signed a new order on November 3rd creating a 60-day window for tenants to answer eviction filings to avoid default judgements. Of more than 17,000 residential nonpayment cases filed since June 22, 15% of tenants had answered as of October 29. The language used by Governor Cuomo is vague and appears to be up to…

The latest executive order pausing default judgments is set to lift on November 4th, and tenant attorneys fear that nearly 15,000 cases will be lost by default. Concerned that the courts have not appropriately warned tenants about default judgments, they are calling for more time. Landlord attorneys, however, doubt that such judgments will be issued…

New York’s Office of Court Administration effectively extended New York eviction bans, set to expire on June 20, through September. Now, however, they say that they will not continue to extend the holds on evictions. Despite the Court calling on the other two branches of government to take on leadership roles over the issue of…

The Courts begin accepting new eviction cases on June 22, but don’t expect to cross the finish line any time soon. While attorneys will be able to file cases for the first time since March, they are limited to in-person filings with only five people at the clerks’ counter at a time. Judge Schneider told…

Last week, the NYC Bureau of Marshals issued guidance for the re-service of thousands of eviction notices issued before March 16. These pending evictions are now “stale”; more than 30 days have passed since the earliest eviction date on the notice. The new guidance dictates that notices cannot be re-served “until the petitioner has received…

New York Civil Court Administrative Judge Anthony Cannataro issued three notices on Friday regarding Gov. Cuomo’s latest executive order. The order prohibits nonpayment evictions against “someone that is eligible for unemployment insurance or benefits” or a residential or commercial tenant “otherwise facing financial hardship due to the COVID-19 pandemic.” The new directives outline how landlords…

This week, the New York City Housing Court began taking up qualifying cases in virtual settlement conferences. According to Chief Administrative Judge Lawrence K. Marks, eligible cases must have commenced before the pandemic, and both parties must have counsel. While these conferences will not include eviction orders, KMWB’s Nativ Winiarsky told Law360 that any settlements…

Gov. Andrew Cuomo’s new executive order narrowing the eviction moratorium goes into effect on June 20. What does that mean for NYC landlords? “There remains a cloud of uncertainty throughout the industry as to how these executive orders are to be interpreted, and real estate parties must be able to rely on stability and certainty,”…