COVID-19 Residential Eviction & Foreclosure Proceedings
9/13/2021- New Moratorium Enacted to January 15, 2022
On September 2, 2021, Governor Hochul signed into law new legislation related to residential eviction and foreclosure protections (L. 2021, c. 417; “Act”). The Act continues to provide relief to respondents and defendants in residential eviction proceedings and foreclosure actions in New York with certain caveats, including, among other things:
- Publishing a form “Hardship Declarations” to be used by tenant-respondents in residential eviction matters and defendant-mortgagors in residential foreclosure actions in reporting financial hardship during or due to the COVID-19 pandemic.
- Staying residential eviction proceedings (“Proceedings”) and residential real property mortgage foreclosure actions (“Actions”) until at least January 15, 2022 in Proceedings and Actions where a tenant-respondent or defendant-mortgagor submits a completed Hardship Declaration.
- Implementing a court hearing process by which a petitioner-landlord may contest the hardship certified by a tenant-respondent in residential eviction matters and defendant-mortgagors in residential foreclosure actions that has submitted a Hardship Declaration.
- Administrative Order AO/262/21 (addressing residential foreclosures)
- Administrative Order AO/261/21 (addressing residential evictions)
- Ch. 417, L. 2021, Related to Residential Evictions and Foreclosures
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated September 8, 2020 (addressing residential evictions)
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated September 8, 2020 (addressing residential foreclosures)
- Administrative Order AO/245/21(addressing residential evictions)
- Administrative Order AO/244/21(addressing the Emergency Rental Assistance Program)
- Ch.104, L.2021, The COVID-19 Emergency Residential and Commercial Evictions Extension
- The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
- Administrative Order AO/160/21 (addressing evictions)
- Administrative Order AO/159/21 (addressing foreclosures)
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated May 24, 2021 (addressing foreclosure proceedings)
- Memorandum of Chief Administrative Judge Lawrence K. Marks, dated May 24, 2021 (addressing eviction proceedings)
- CIVIL LEGAL SERVICES PROVIDERS FOR HOUSING MATTERS
- Foreclosure cases (Excel listing of county and index number only) in which Hardship Declarations were mailed to a defendant at 99 Washington Avenue, Albany (Department of State), but returned by the U.S. Post Service.
- SENDING ADDITIONAL COPIES OF RESIDENTIAL EVICTION HARDSHIP DECLARATIONS TO THE COURTS OUTSIDE NEW YORK CITY BY EMAIL
(When Signed and submitted by residential tenants and residential homeowners/mortgagors, requires their cases to be temporarily delayed (or not started until at least January 15, 2022).