LIEB BLOG

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Showing posts with label coronavirus legal updates. Show all posts
Showing posts with label coronavirus legal updates. Show all posts

Monday, October 12, 2020

Residential Eviction Suspension Being Lifted Today (October 12, 2020)

Effective October 12, 2020, residential evictions are back in NYS with suspensions being lifted.

Specifically, Chief Administrative Judge Lawrence K. Marks issued Administrative Order 231/20, which permits the prosecution of residential evictions commenced after March 17, 2020.

As of October 12, 2020, here are the rules are in place for residential and commercial proceedings:

Residential Eviction Proceedings
  • Proceedings Commenced Prior to March 17, 2020:
    • The court must conduct a status or settlement conference wherein the court reviews the procedural history of the case, any effect of the COVID-19 pandemic, if any, upon the parties, any other relief or protection available to the tenant, among others. Thereafter, the court may take further steps it deems appropriate, including allowing the matter to proceed and allowing the enforcement of warrants of eviction. 
  • Proceedings Commenced After March 17, 2020: 
    • All residential eviction matters (nonpayment and holdover) may proceed subject to: 
        • Current or future federal and state laws affecting evictions; 
          • For evictions based on nonpayment of rent: 
          • FHAFannie MaeFreddie Mac borrowers are prohibited from starting nonpayment evictions and are encouraged to seek forbearance and other options with their lenders; 
          • The CDC also halts evictions for nonpayment of rent until December 31, 2020. You can read more about it and the penalties HERE
        • The individual court’s scheduling requirements as affected by health and safety concerns due to COVID-19. 
          • Courts are prohibited from issuing a warrant of eviction or judgment of possession against a residential tenant or other lawful occupant who suffered a financial hardship during the COVID-19 period and is being evicted for non-payment of rent due during such period. 
          • Currently, the COVID-19 period runs from March 7, 2020 to January 1, 2021, as extended by Executive Order 202.66 and subject to any further extensions. This means that courts will only issue money judgments (no warrants of evictions and judgments of possession) on eviction proceedings based on nonpayment of rent due during the COVID-19 period. 

Commercial Eviction Proceedings

  • Proceedings Commenced Prior to March 17, 2020:
    • May proceed in the normal course subject to:
        1. Any existing prohibition on the prosecution or enforcement of evictions (as of this writing, there are none); and
        2. The suspension of statutory deadlines until November 3, 2020 per Executive Order 202.67.
  • Proceedings Commenced After March 17, 2020:
    • Eviction proceedings for nonpayment of rent are prohibited until October 20, 2020 per Executive Order 202.64 and subject to any further extensions.
    • Holdover eviction proceedings may be commenced but remain suspended until further order of the court per Administrative Order 160A/20. This means the petition may be filed and the tenants may file an answer, but the proceedings shall remain suspended. However, if all parties are represented by counsel, the matter may be eligible for calendaring virtual settlement conferences with the court.

All Evictions
  • All proceedings will be conducted remotely whenever appropriate.
  • Mediation and other alternative dispute resolution methods are encouraged where either all parties are represented by counsel; or all parties are unrepresented by counsel.
  • All petitions must include the Notice to Respondent Tenant.
  • Filing and service may be done through NYSCEF, if available and by mail, if not.

Landlords should immediately file their evictions and preserve their rights.


Friday, October 09, 2020

OSHA Guidance on COVID-19 Reporting Requirements for Employers

On September 30, 2020, the Occupational safety and Health Administration (OSHA) published additional frequently asked questions and answers (FAQs) regarding an employer’s reporting requirements for in-patient hospitalizations and fatalities for employees who contracted COVID at work.

The new FAQs require employers to report in-patient hospitalizations and fatalities for work-related, confirmed, cases of COVID-19.

For in-patient hospitalization, the specific rules are:
  • Employers must report in-patient hospitalization within 24 hours of the work-related incident. A work-related incident means that the employee was exposed to COVID-19 in the workplace.
  • The 24-hour reporting period starts when the employer:
    • learns that an employee was in-patient hospitalized within 24 hours of a work-related incident; and
    • determines afterward that the cause of the in-patient hospitalization was a work-related case of COVID-19.
  • The above rules only apply to reporting but not to record keeping. Employers must still record work-related confirmed COVID-19 cases regardless of whether an employee was hospitalized.

For employees who died due to a work-related, confirmed, case of COVID-19, the specific rules are:

  • Employers must report them within 30 days of the work-related incident or the employee’s exposure to COVID-19 in the workplace.
  • The employer must report the fatality to OSHA within 8 hours of knowing or determining:
    • that the employee died within 30 days of exposure to COVID-19 in the workplace; AND
    • that the cause of the death was a work-related case of COVID-19.
  • Similar to in-patient hospitalization, the above limitations only apply to reporting and not to record-keeping.

Employers are advised to consult counsel to ensure compliance and to roll out a tailored record keeping and reporting procedures compliant with OSHA’s requirements.




Tuesday, September 01, 2020

Legally Speaking: Rentals, Rights, Reality...What's a Landlord to do?

Thursday, July 09, 2020

Attorney Affirmation/Petitioner’s Affidavit No Longer Required for Evictions and Foreclosures

Effective immediately, landlords and lenders no longer need to submit an attorney affirmation or petitioner’s affidavit with the petition or complaint in an eviction or foreclosure proceeding pursuant to Administrative Judge Marks’ July 7, 2020 memorandum.

This directive amends the procedure for eviction and foreclosure proceedings as set forth on Judge Marks’ June 18 and June 23, 2020 memoranda and as explained in our blogs HERE and HERE. All other requirements and rules stated therein remain in effect. This includes the requirement to serve the Notice to Respondent Tenant or the Notice to Respondent with the commencement documents, as well as rules concerning the calendaring of hearing and motion practice as stated therein.

Alcohol Take-Out and Delivery Allowed until August 5, 2020

Governor Cuomo signed Executive Order 202.48 which extended existing executive orders, including Executive Order 202.3. Effectively, Executive Order 202.48 allows off-premises consumption of alcohol, including take-out or delivery, until August 5, 2020.

Restaurant and bar owners should still contact counsel to ensure compliance with the Executive Orders and with the limitations set by the State Liquor Authority as violations can result in penalties of up to $10,000 for retail and $100,000 for manufacturers, and/or suspension, cancellation, or revocation of their liquor license.