January 12, 2022

Written by: Michael Manniello and Eric Kelner

New York courts and local enforcement officers have processed little, if no, post foreclosure evictions since the COVID-19 pandemic began and a state of emergency took effect in March 2020. Throughout the state cases filed prior to March 2020, regardless of what stage they had reached, have been stayed by legislation, Executive Orders of the Governor, or Administrative Orders of the New York Chief Judge. Very few hearings or trials have been held since that time, and sheriffs and marshals have enforced few, if any, warrants issued pre-pandemic in such matters.

Since March of 2020, several courts have implemented additional procedures intended to afford occupants various protections during the pandemic (i.e., additional notices advising occupants of help agencies and additional hearing stages). It seems many of those will continue for the foreseeable future making an already lengthy process that much more so, and individual judge’s interpretation of the legislation, executive and administrative orders have been highly inconsistent. Many of the edicts have included catch-all provisions giving individual judges wide latitude to manage their cases as they see fit – resulting in even more protections for tenants and mortgagors alike and delaying adjudication even further. That should all change on January 15, 2022.

Governor Hochul has confirmed that the tenant protections put in place by both legislation and executive orders will end on January 15, 2022. As it stands, on that date the now all too familiar “hardship declaration” which if filed by an occupant halted the eviction process will become a thing of the past. The current NY legislative session is set to end on January 13, 2022, and there is no pending legislation to extend the protections. The Governor’s recent remarks are welcomed as a light, although faint and far, at the end of the tunnel. While no one expects any switch being flipped on January 15, 2022, evictions in New York should start to move for the first time in nearly two years.

If you have questions, contact Michael Manniello or Eric Kelner in the firm's Creditors' Rights/Bankruptcy practice group.  

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