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The NY courts suspended eviction proceedings in March 2020. The NY courts started accepting new eviction filings on June 22, 2020. However, eviction cases, whether started before March 2020 or after June 22, 2020, will be adjourned until at least July 7, 2020.
The Governor’s May 7, 2020 Executive Order 202.28 extends the moratorium on evictions for non-payment of rent by tenants who are facing financial hardship due to COVID 19 until August 20, 2020.
The federal moratorium requires the landlord to give the tenant a 30-day notice to vacate. The landlord cannot give the 30-day notice until after July 24, 2020 and cannot start new eviction proceedings until August 23, 2020. In addition to these prohibitions, landlords must comply with existing New York State Law governing eviction proceedings, including providing tenants with a 14-day demand for rent before starting a non-payment proceeding.
To start a new eviction proceeding, a landlord must swear to the court that they have reviewed all of the eviction moratoria and believe in good faith that none apply.
All eviction cases pending when the suspension order was issued were adjourned by the Court until at least July 7, 2020. Although most eviction proceedings are still suspended, the one exception is that settlement conferences may take place if both parties are represented by an attorney.
On May 7, 2020 Governor Cuomo ordered that a landlord must allow you to use your security deposit to pay rent if you ask to do so and are experiencing financial hardship because of COVID-19. (Executive Order 202.28) We are aware that some landlords have argued that the executive order expired June 6, 2020, but it is unclear whether a different Executive Order (Executive Order 202.38) extended this rule until July 6, 2020.