Impact of Recent Legislation on Housing Court

Michael Littman, Partner

New Restrictions Imposed on Eviction Proceedings

On May 4, 2021, Governor Cuomo signed an amendment to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.

  1. The amendment to the law extends the eviction stay through at least August 31, 2021.
  2. If a tenant, lawful occupant or other person responsible for paying rent, signs and returns a “Hardship Declaration” form, then any case is stayed until at least August 31, 2021.
  3. Owners can serve notices and petitions during this period both for Holdovers and Non-Payments. However, each document must be accompanied by a Hardship Declaration.
    • a. If the tenant returns a completed Hardship Declaration form to the owner/counsel after receiving a predicate notice (i.e. Rent Demand, Notice of Termination) then the Landlord is prevented from serving a Petition.
    •  If the Tenant returns a Hardship Declaration after the Petition is served, then the case is stayed until August 31, 2021.
  4. The only exception to the stay of actions is for pending or new cases alleging nuisance by tenants that affects other tenants use and enjoyment of their apartments, or causes safety hazards.
  5. If the tenant does not fill out and send a Hardship Declaration form, the case may go forward.

Please contact us to discuss your best options.

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