Tuesday, October 13, 2020

RESUMPTION OF EVICTIONS BEGAN YESTERDAY



Effective October 12, 2020, all residential eviction matters - nonpayment and holdover, without regard to the date of commencement - may resume statewide, with certain important caveats which are set forth in this link: Revised Procedure for Addressing Residential Eviction Proceedings

 AO/231/20 (stated below) amends the protocol for handling residential eviction proceedings.

ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS 

Pursuant to the authority vested in me, at the direction of the Chief Judge, and consistent with the Governor's determination approving the easing of restrictions on commerce imposed due to the COVID-19 health emergency, I hereby direct that, effective October 12, 2020: terms. 

1. Resumption of Residential Eviction Matters: All residential eviction matters, both nonpayment and holdover, may proceed in the normal course, subject to ( 1) current or future federal and state emergency relief provisions governing time limits for the commencement and prosecution of matters, limitation of eviction-related remedies, and similar issues, and (2) individual court scheduling requirements occasioned by health and safety concerns arising from the coronavirus health emergency. 

2. Residential Eviction Matters Commenced Prior to March 17, 2020: The conference requirement applicable to residential eviction matters commenced prior to March 17, 2020, set forth in AO/160A/20, shall continue for those matters. 

3. Filing and Service: Filing and service of process in eviction proceedings shall continue as set forth in Administrative Order AO/121/20. 

4. Notice to Respondent Tenant: Petitions in eviction proceedings pursuant to Article 7 of the Real Property Actions and Proceedings Law shall include a Notice to Respondent Tenant in the form attached as Exh. la (if filing within the City of New York) or Exh. lb (if filing outside the City of New York). 

5. Remote Proceedings: Eviction proceedings should be conducted remotely whenever appropriate. 

6. Alternative Dispute Resolution: Mediation and other forms of alternative dispute resolution are encouraged, particularly in matters where (1) all parties are represented by counsel, or (2) all parties are unrepresented by counsel. 

This order supersedes the provisions of any other Administrative Order inconsistent with its 

Dated: October 9, 2020 

AO/231/20

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