Revised Procedure for Addressing Residential and Commercial Eviction Proceedings

8.12.20 Memorandum from Chief Administrative Judge Lawrence K. Marks – Revised Procedure for Addressing Residential and Commercial Eviction Proceedings. As summarized by Judge Marks, “In light of recent revisions in statewide restrictions on the filing and prosecution of eviction matters in New York State arising during the course of the COVID-19 public health emergency, attached please find a copy of AO/1 60/20 (Attachment A), which amends the temporary protocol for handling of those proceedings in several significant respects. In brief: (1) eviction proceedings filed on or after March 17, 2020, continue to be suspended; (2) cases filed before March 17 may proceed; (3) residential eviction cases filed before March 17 – including cases where a warrant of eviction has already issued but not been executed – must be conferenced before a judge before any further action is taken, and no outstanding or new residential warrants of eviction may be executed prior to October l, 2020; and (d) commercial evictions may proceed without a conference.” The full Memo can be read here. See related City Bar letter, dated June 19, 2020, from the Task Force on Right to Counsel (Alison King and Andrew Scherer, Co-Chairs) and the Housing Court Committee (Sara Wagner, Chair) here.