New York State Chief Administrative Judge Lawrence K. Marks on Thursday issued new guidance for residential and commercial eviction proceedings in the state, delaying hearings in new cases as well as the service of eviction warrants at least until July 7. The memorandum allows for the filing of new cases starting Monday, corresponding with the expiration of Gov. Andrew Cuomo's blanket eviction moratorium.
Highlights of the memorandum include:
-Commencement documents must be filed by NYSECF or by mail.
-A form affirmation must be filed with the commencement documents that the attorney for petitioner has reviewed the various state and federal restrictions on eviction proceedings and has a good faith belief that the proceeding is consistent with those restrictions.
-A form notice in English and Spanish must be provided to respondents informing them that they might be eligible for an extension of time to respond due to the restrictions.
-Whether or not a timely answer is filed, further hearing of the case will be stayed due to Governor Cuomo's executive orders, except cases where all parties are represented by counsel are eligible for virtual settlement conferences.
For the full text, see http://www.nycourts.gov/whatsnew/pdf/2020_06_18_15_16_44.pdf
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