UPDATE- Management of RESIDENTIAL Pre-Pandemic Proceedings

NOTE: THESE DIRECTIVES ARE ALWAYS SUBJECT TO CHANGE AT ANY POINT IN TIME 

According to the Administrative Judge of the Civil Court, there are about 200,000 eviction cases that were filed before March 17, 2020 that are still in limbo. 

To manage this Pre-COVID-19 caseload, the Courts have adopted the following directives:

Warrant Applications:

1. Starting August 20, 2020: the court will begin processing warrant applications for judgments that were issued before March 17, 2020. 
2. All of these applications must be applied for through a motion to the Court, providing the tenant/occupant with notice of the motion. 
3. The motion must include a “Notice to Respondent Tenant”, which in plain language states that the landlord has applied to the court to have the tenant/occupant evicted.
4. The motions must be served by mail and email if possible.
5. The motions will be heard remotely.
6. No eviction will take place until October 1, 2020.

Warrant Executions:

1. Beginning August 20, 2020, a landlord seeking to enforce a warrant of eviction that was issued before March 17, 2020 must apply to the Court for permission to do so by motion on notice to the tenant/occupant. 
2. The motion must be accompanied by the same “Notice to Respondent Tenant” mentioned above, which in plain language states that the landlord has applied to the court to have the tenant/occupant evicted. 
3. The motion must be served by mail and email if possible.
4. No eviction will take place until October 1, 2020.
5. The motions will most likely be heard remotely.

Appearance Defaults:

1. If an attorney or unrepresented party fails to appear for a court-noticed conference or trial without excuse, the Judge has the discretion to

         (a)   reschedule the appearance and mark it “final”;

         (b)   resolve the issues or claims against the non-appearing party;

         (c)    impose sanctions; or

         (d)   issue a judgment of contempt. 

2. If you cannot make it to Court (or virtual Court), you must make a request to be excused either “on the record” or by affidavit/affirmation.  

       Document Defaults:

No defaults will be taken based upon the failure to file an answer in an eviction proceeding, or based upon the failure of a party to submit responsive papers to a motion submitted through the Electronic Document Delivery System, absent a specific Order by the Court. 

Outerbridge Law P.C.

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