Thursday, August 13th, 2020 - The Memorandum: Chief Administrative Judge Lawrence K. Marks’ memo offers temporary relief for tenants, and clarity for landlords.

The Memorandum, dated August 12th, 2020, and signed by the Chief Administrative Judge, Lawrence K. Marks, of New York State’s Unified Court System, and which the New York County Lawyers Association sent to its members earlier this afternoon, helps everyone. In brief, tenants have gained time; and landlords have gained clarity.

While the nuances and caveats concerning the newly-amended procedures for administrating commercial and residential landlord/tenant matters in New York State are extensive, this much is clear: their impact is felt most immediately by residential tenants: no one will be evicted from their home before October 1st, 2020.

For tenants who have been calling upon Governor Cuomo to cancel rent and/or extend the stay on evictions past the previously set (and fast approaching) August 20th date, this new memorandum creates a window for a sigh of relief, even if only a small one.

For landlords, the Memorandum, though broadly, does outline the steps that they can and cannot take against tenants who have fallen behind on their rent obligations. More specifically, if the landlord had initiated an eviction action before March 17th, 2020; then the landlord has an opportunity to utilize the Court to summon their tenants into a virtual conference with the Court. However, if the landlord had initiated an eviction action after March 17th, 2020, then they’ll just have to wait –––– as per Chief Judge Marks’ memorandum, those cases have been suspended.

The text of the introductory paragraph of the Memorandum appears below, while the document, in its entirety, can be read on the New York County Lawyers’ Association’s website.

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“In light of recent revisions in statewide restrictions on the filing and prosecution of eviction matters in New York State arising during the course of the Covid-19 public health emergency, attached please find a copy of AO/160/20 (Attachment A), which amends the temporary protocol for handling of those proceedings in several significant respects. In brief: (1) eviction proceedings filed on or after March 17, 2020 continue to be suspended; (2) cases filed before March 17 may proceed; (3) residential eviction cases filed before March 17 ––– including cases where a warrant of eviction has already issued but not been executed ––– must be conferenced before a judge before any further action is taken, and no outstanding or new residential warrants of eviction may be executed prior to October 1, 2020; and (d) commercial evictions may proceed without a conference. The order is described in further detail below.

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