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Landlord Tenant Law - NY Evictions Set to Resume

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New York State Landlord will soon be permitted to resume eviction proceedings as the Governor issued an executive order easing restrictions on new eviction cases, but guidance from the courts stalls proceedings in those cases until at least through August 5, 2020.

The executive order extended a freeze on the statute of limitations that has allowed the courts’ to temporarily keep eviction cases from snaking their way through the system, while they continue to accept new cases filed by mail.

The governor also rolled back protections prohibiting new residential eviction cases for both nonpayment of rent and foreclosure on residential mortgages. Instead, the governor is relying on the Tenant Safety Harbor Act - which provides residential tenants with a defense they can use in court, but does not block new cases from being filed - to serve as New Yorkers’ remaining COVID-19 related protection from eviction.

Under the Tenant Safe Harbor Act, a qualifying tenant cannot lawfully be evicted for the nonpayment of rent accrued between March 7 and the full reopening of their county (that is, so long as the tenant can demonstrate to a judge that they suffered a financial hardship during that period). But while tenants would be allowed to remain in their homes, a judge could still issue money judgments to recuperate unpaid rent accrued during that time.

For any questions or assistance, please contact the Attorneys at Fazzio Lawwe are in your corner!

Category: Landlord Tenant Law

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