UPDATE ON EVICTION MORATORIUMS & ERAP 1/15/2022
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and COVID-19 Emergency Protect Our Small Business Act of 2020, which permitted residential and commercial tenants to stay their proceedings by filing a Hardship Declarations expired on January 15, 2022.
This means that L&T proceedings with an H.D. are no longer stayed, unless the residential respondent has filed an application for Emergency Rental Assistance Program (“ERAP”) and has not yet received a final determination.
The Tenant Safe Harbor Act (“TSHA”) remains in effect, and has not been affected by the expiration of the eviction moratorium.
While the Court eliminated the need to serve and file hardship declarations, related H.D. affidavits, and the new warrant form, the Court continues to require a motion for entry of a default judgment against a respondent in all cases and a motion to requisition and execute warrants issued between March 16, 2020 and September 2, 2021.
Warrants issued after September 2, 2021 may be executed without the need for leave of Court.
Cases that were stayed due to the filing of an HD should be restored by motion, rather than wait for the Court to calendar.
Now is the time to commence new non-payment actions and to contact us to discuss how best to proceed with your existing cases.
Rosenblum & Bianco, LLP provides its clients with superior legal representation in both Landlord-Tenant litigation and related Real Estate matters. With over 25 years of experience, the partners of Rosenblum & Bianco, LLP understand the complex and ever-changing issues involved in Landlord-Tenant law and take a pragmatic approach to the resolution of complex litigation.
Our firm prepares and monitors cases from beginning to end using our own proprietary software. This system enables us to track the stages of litigation in a timely manner from the predicate notice through to the eviction. Our firm works closely with City Marshals in all five boroughs as well as upstate New York in order to expedite evictions. Our process servers serve legal documents throughout New York City as well as Nassau, Suffolk and Westchester counties.