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New York In-Person Evictions to Resume
By July 17, 2020 Posted in Landlord/Tenant Law Share
The administrative judge of the New York City Civil Court announced in an email to tenant attorneys that in-person evictions would begin July 27, 2020. Other counties are expected to incrementally implement a similar procedure. An eviction that was on the calendar before March 16, 2020 will retain priority in being scheduled first. However, as of July 13, 2020, there are still inconsistencies in uniformity of procedures with respect to in-person court appearances.
As of July 13, 2020, the Yonkers City Court is accepting new eviction filings for nonpayment and holdover cases. However, if a tenant is not represented by an attorney, and does not appear for the court date, it is not certain that a default judgment or judgment of possession will be entered the tenant. This is because in person appearances will be scheduled on a limited basis and as of today, the New York City Housing Court is still only hearing emergency applications.
We believe that the Court will implement the following measures for resuming in-person housing court proceedings: (1) requiring court visitors to undergo COVID-19 screening; (2) requiring masks for anyone entering the courthouse; (3) requiring staff to wear a mask; (4) requiring areas are carefully marked to ensure proper social distancing; (5) requiring court facilities will be regularly sanitized; and (6) requiring the installation of acrylic barriers, hand sanitizer dispensers, and other safety features in the courthouse as needed.
It should be noted that while the announcement was made that in-person evictions would begin on July 27, 2020, our office has been in contact with various housing courts inside and outside of the city and have noticed differences in terms of their re-opening dates. We will continue to reach out over the next few weeks to provide you with more information as we receive it.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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