These are strange and troubling times. This post will explain how the stay-at-home and social distancing mandates impact tenants with pending or contemplated legal proceedings.
All evictions, residential and commercial, are stayed for at least 90 days [June 17, 2020].
This means if you are under a court order to vacate by a certain date during the declared emergency, you cannot be evicted until you receive further notice from the court or the marshal.
This does not mean evictions are canceled; rather, they are postponed and tenants should plan accordingly.
All court filings for pending cases, except for emergencies, are suspended until further notice.
This means if you have a pending case with papers due [e.g., an answer or opposition to a motion] the clerk’s office will not accept for filing at this time.
All deadlines are extended.
You do not have to worry about defaulting on any deadlines, as they will be extended.
All court filings for new cases, except for emergencies, are suspended until further notice.
This means landlords cannot file new eviction cases, unless they can show an emergency such as criminal activity or severe nuisance. Tenants can continue to file illegal lock out cases or HP cases for serious conditions such as lack of heat or hot water or structural issues.
All pending court dates are being automatically adjourned by the court.
The court is sending out postcards with new dates, so you do not have to travel to court.
All DHCR deadlines are extended for 30 days.
As of now, this deadline expires on April 12, 2020, but will likely be extended.
HPD and DHCR Hearing Dates Adjourned.
During the emergency, hearings at HPD and DHCR are being adjourned. Contact the administrative law judge for a new date.
As of now, Loft Board deadlines are in effect.
As of March 24, 2020, the Loft Board Executive Director has advised that any and all applicable deadlines REMAIN IN EFFECT. Thus, if you must file an application, answer or other document by a date certain, you must still comply with the deadline and the manner of service. The latter may require you to file in person at the Loft Board or by mail. The loft tenant bar is actively lobbying for the suspension of any deadlines and an emergency rule allowing service by email.
OATH is holding phone conferences.
As of now, trials at OATH are suspended, but most judges are trying to hold conferences by phone.
Dated: March 24, 2020
