NEW RULES - FORECLOSURES AND EVICTIONS

Although not yet listed on the courts website, this is the "AO/245/21" from NYS Chief Administrative Judge, Hon. Lawrence K. Marks:

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 easing of restrictions imposed due to the COVID-19 health emergency, I hereby direct that, effective immediately:

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, originally set forth in AO/l 60A/20 and continued by AO/231/20, shall continue with modifications as follows:

a. Prior to conducting any further proceedings in any pending residential eviction matter filed prior to March 17, 2020, the court must initiate a status or settlement conference. This requirement shall apply in all matters at any stage of the eviction process, including any matter where a warrant of eviction has issued and been delivered to an enforcement agent, but has not been executed.

b. At the conference, the court shall review the procedural history of the matter; confirm compliance with notice requirements; inquire into the effects, if any, that the COVID-19 pandemic has had upon the parties; review any special relief under state or federal law to whi.ch the parties may be entitled in light of the pandemic, including the Tenant Safe Harbor Act (TSHA) and the Center for Disease Control (CDC) Federal Eviction Moratorium; refer unrepresented parties to local civil legal service providers and housing counseling agencies; assess any pending and anticipated motions; approve briefing schedules proposed by stipulation of the parties; and use best efforts (including referral to alternative dispute resolution) to resolve any outstanding issues.

c. Following the conference, the court may take such further steps as it deems appropriate, including allowing the matter to proceed.

d. In ordering relief in any residential eviction matter, the court should remain particularly mindful of additional prohibitions on evictions that may be commanded by order, state statute, or federal law.

3. Filing and Service: Filing and service of process in eviction proceedings shall continue as set forth in Administrative Order AO/267/20.

4. Remote Proceedings: Eviction proceedings should be conducted remotely or in person as appropriate.

5. 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.

6. New York City: In addition to the applicable provisions of this Administrative Order, eviction matters before the New York City Housing Court shall also be governed by DRP 217 of the Civil Court of the City of New York.

7. This order supersedes Administrative Orders AO/l 60A/20 and AO/231/20, which shall have no further force or effect. It further supersedes the terms of any other Administrative Order inconsistent with its provisions.

Date: August 13, 2021

AO/245/21