Additional protections in Housing Court are being enforced in order to aid self-represented parties. When opposing parties come to an agreement during a proceeding, they sign a Stipulation of Settlement ("Stipulation"), which is a binding agreement, so it is the judge's responsibility to ensure that the parties understand...
Showing posts with label eviction. Show all posts
Showing posts with label eviction. Show all posts
Friday, December 17, 2021
Friday, December 10, 2021
10
Dec
A new law on landlord's ability to collect legal fees was signed by Gov. Hochul on December 21, 2021 and is effective immediately. The law, S2014, means a lot to owners and landlords in New York. The Bill prohibits owners and
landlords from charging lessees any legal fee, surcharge, or other charges for legal
services...
Thursday, September 02, 2021
02
Sep
The NYS Legislature passed Senate Bill 50001 and 50002, extending the state’s eviction / foreclosure moratoria to January 15, 2022, and both bills were signed by Governor Kathy Hochul on September 2, 2021. What’s in the Law?Briefly, the laws:Extend residential and commercial eviction and foreclosure moratoria to January...
Thursday, August 19, 2021
On August, 13, 2021, U.S. District Court Judge Dabney Friedrich held that the CDC eviction moratorium, which was extended by the Biden Administration through October 3, 2021 (“New CDC Moratorium”) should remain in effect. This means that tenants may still be protected, subject to certain rules, until October 3, 2021. As...
Friday, August 13, 2021
13
Aug
The U.S. Supreme Court blocked part of New York’s eviction moratorium, specifically Part A of the COVID-19 Emergency Eviction and Foreclosure Protection Act of 2020 (CEEFPA), which imposed a moratorium on evictions for tenants who provide their landlord with a signed hardship declaration. What this means is that New York...
Tuesday, May 04, 2021
04
May
On May 4, 2021, the New York State Senate and Assembly passed legislation (A.7175) that extends the eviction and foreclosure moratoriums on both residential and commercial properties from May 1, 2021 to August 31, 2021. The legislation is now on the Governor’s desk for signature. UPDATE: The Governor signed the legislation...
Thursday, March 11, 2021
11
Mar
On March 10, 2021, Governor Cuomo signed the COVID-19 Emergency Protect our Small Businesses Act of 2021 (“Act”). In summary, the Act provides some commercial tenants with an opportunity to submit a Hardship Declaration, which upon submission to the Court or landlord, stays most evictions and ejectment actions until May...
Thursday, February 18, 2021
There has been a long standing dispute in the courts as to whether a family member can be evicted in an eviction proceeding (a/k/a, summary proceeding) or whether a protracted case was required in Supreme Court (a/k/a, ejectment proceeding). A summary proceeding is considered to be a "simple, expeditious and inexpensive...
Tuesday, February 16, 2021
16
Feb
The headlines are in - the federal foreclosure / eviction moratoriums are extended to June 30, 2021 from March. This extension applies to 70% of single family home mortgages.The subtext is that we have a foreclosure / eviction crisis on the horizon. According to the White House "1 in 5 renters is behind on rent and just...
Thursday, December 31, 2020
31
Dec
On December 28, 2020, Governor Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“Act”). Essentially, the Act provides tenants with an opportunity to submit a Hardship
Declaration, which stays most
evictions until May 1, 2021. The second part of the Act which provides
for mortgage...
Monday, December 14, 2020
14
Dec
Through Executive Order 202.81, Governor Cuomo extended the moratoriums for the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage to January 31, 2021. This means that no eviction or foreclosure...
Wednesday, October 21, 2020
21
Oct
Through Executive Order 202.70, Governor Cuomo extended the moratoriums for the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage to January 1, 2021. This means that no eviction or foreclosure...
Wednesday, September 02, 2020
02
Sep
CDC's eviction moratorium has teeth and the details matter. CDC issued an Agency Order, under the Public Health Service Act, to temporarily halt residential evictions to prevent the further spread of COVID-19 through December 31, 2020. The Order applies to residential tenants (not transient or "seasonal tenant[s]")...
Tuesday, September 01, 2020
01
Sep
Tenants are disregarding their lease obligations and finding strength in the eviction moratoriums. What is a landlord to do? Andrew Lieb, Esq. shares tips in this article published in Behind The Hedges. CLICK HERE FOR LINK TO ARTI...
Friday, August 21, 2020
21
Aug
On August 20, 2020, Governor Cuomo signed Executive Order 202.57 which, among others, extended Executive 202.48 and 202.28. Per the Executive Order, the following are stayed until September 20, 2020:
Commencing a commercial eviction proceeding against any commercial tenant for the nonpayment of rent;
Commencing...
Tuesday, July 07, 2020
07
Jul
On July 6, 2020, Governor Cuomo signed Executive Order 202.48 which affects the validity of many existing executive orders but most notable of which, is that it extends the stay on evictions and foreclosures proceedings to August 5, 2020 for commercial properties, but not for residential properties. Essentially, Executive...
Wednesday, July 01, 2020
Effective June 30, 2020, the Tenant Safe Harbor Act (“Act”) was signed into law by Governor Cuomo. Essentially, the Act prohibits courts from issuing a warrant of eviction or judgment of possession against a residential tenant for non-payment due to financial hardship during the COVID-19 covered period, but it allows landlords...
Tuesday, June 30, 2020
30
Jun
If you are a NYS landlord, you MUST read the decision from the case Elmsford Apartment Associates LLC v. Cuomo if you want to be on the top of your game.
We aren't going to discuss the results, beyond saying the Court ruled that Governor Cuomo can legally suspend evictions and more during a pandemic.
We focus...
Monday, June 29, 2020
29
Jun
Everyone is in the Hamptons this summer. Tenants fled here in March. They are staying even after they were supposed to go back to the city at the end of their lease terms. Unfortunately, tenants have unilaterally elected to illegally holdover in their former rentals because it's not just more beautiful here, it's safer....
Saturday, March 28, 2020
28
Mar
The Coronavirus Aid, Relief, and Economic Security or “CARES” Act was enacted into law on March 27, 2020. In addition to the relief enumerated in two of our recent articles (Nuts & Bolts of Stimulus Package - House Passes 2 Trillion Dollar Stimulus Package and Forbearance and Foreclosure Moratorium in Coronavirus...
