Friday, September 25, 2020

OCTOBER 18, 2020 FOR COMMERCIAL EVICTIONS

First both commercial and residential evictions were on hold due to executive orders. 

In June, residential evictions were no longer on hold due to executive orders as this issue was replaced by legislation. The Tenant Safe Harbor Act (the Act), was enacted prohibiting the eviction of residential tenants for unpaid rent during the COVID-19 covered period if the tenant has suffered a financial hardship and allows a tenant to raise financial hardship experienced during the COVID-19 covered period as a defense in a summary proceeding. However, the Act does not prohibit a court from awarding in a summary proceeding a money judgment for the rent due and owed to a landlord.

But no legislation was enacted for commercial renters. Through a series of later executive orders, Cuomo further extended the date for commercial evictions  On September 18, 2020, Cuomo issued Executive Order No. 202.64: Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency to October 18

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