LATEST EVICTION UPDATE
In reaction to the recent Supreme Court determination regarding the Hardship Declarations in Chrysafis v. Marks, Judge Lawrence K. Marks, the Chief Administrative Judge of the State of New York, issued a Memorandum on August 17, 2021. This undid some of the protections afforded to tenants in the COVID-19 Emergency Eviction and Foreclosure Prevention Acts of 2020 and 2021 such as:
1. No automatic stay of residential eviction proceedings or stay of the commencement of residential evictions proceedings upon the filing of a Hardship Declaration by the Respondent/Tenant.
2. Landlords no longer have to serve a Hardship Declaration with predicate notices or with the Notice of Petition and Petition.
3. Landlords no longer have to file an affidavit stating that they have not received a Hardship Declaration prior to commencing a new summary eviction proceeding.
4. The courts may start restoring those cases that had been stayed due to the filing of a Hardship Declaration.
However, Judge Marks does note that the courts must continue to be mindful of any stays that may be applicable in an eviction case due to any state statutes or federal moratoria.
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