Commercial evictions get green light, but only in name

New cases can be filed starting Aug. 20, but will be immediately adjourned

New York /
Aug.August 14, 2020 06:40 PM
Commercial evictions are on ice — for now

Commercial evictions are on ice for now

For landlords stuck with non-paying commercial tenants, new evictions can be filed starting Aug. 20 — but don’t expect the cases to go anywhere.

The courts allowed for the filing of new commercial and residential evictions starting June 22, but did not move forward with the cases. Now, guidance issued this week by the Office of Court Administration said that commercial evictions can start back up this month — but would immediately be adjourned.

“It’s hard to say this is guidance,” said Luise Barrack, an attorney at real estate law firm Rosenberg and Estis. “They want to say they’re open — it’s optics, that’s all it is.”

She said that court clerks have been writing “date to be determined, no return date” on cases brought in recent weeks.

Proceedings on pre-Covid evictions can also resume, but will also be adjourned. A court spokesperson said that city marshalls still don’t have clearance to issue warrants for commercial and residential evictions, which have been on hold since March 15.

The spokesperson also confirmed that commercial proceedings can resume Aug. 20, “unless the governor weighs in.”

The continued disarray in the courts has been an ongoing source of frustration for real estate and tenant attorneys, who have been trying to make sense of guidance that is, at times, contradictory.

“Given the current climate and the confusion caused by these orders, landlords may be well served to wait to Sept. 4 just to avoid the risk of having a court rule the case was begun prematurely,” said Nativ Winiarsky, an attorney at Kucker, Marino, Winiarsky and Bittens. (Gov. Andrew Cuomo had extended the pause on most evictions until next month.)

He suggested that landlords who wish to evict their commercial tenants should take their cases to Supreme Court, where they can file ejectment actions.

Adam Leitman Bailey, an attorney at his eponymous firm, said the holdup of commercial evictions is to blame for keeping New York City’s economy from restarting.

“It’s interesting that the Office of Court Administration is saying they’re open for business when they put out a memo in writing that you can’t proceed,” he said. “To me it’s disingenuous and disheartening.”


Related Articles

arrow_forward_ios
Estate Partners' David Aviram, FIA Capital Partners' David Goldwasser and Steve Croman (LinkedIn, Google Maps, Getty)
Steve Croman: I was duped by predatory lender
Steve Croman: I was duped by predatory lender
From left: McSam Hotel Group's Sam Chang and SL Green's Marc Holliday with 711 Seventh Avenue  (Getty, Google Mpas, SL Green)
Times Square hotel developer sues neighbors over delayed demolition
Times Square hotel developer sues neighbors over delayed demolition
 Justice Sandra Sciortino and Newburgh mayor Torrance Harvey (Facebook, Daniel Case, CC BY-SA 3.0, via Wikimedia Commons)
“Good cause eviction” struck down in Newburgh
“Good cause eviction” struck down in Newburgh
Rotem Rosen and Alex Sapir (Illustration by Kevin Cifuentes for The Real Deal with Getty Images)
Sapir and Rosen settle longstanding legal feud
Sapir and Rosen settle longstanding legal feud
A photo illustration of Paterson Mayor Andre Sayegh along with a rendering of the planned development at 305-319 Pennsylvania Avenue (Getty, HannaBS, CC BY-SA 4.0 - via Wikimedia Commons, Paterson City Council, Google Maps)
Judge upholds approval for 171-unit development in Paterson
Judge upholds approval for 171-unit development in Paterson
Attorney General Letitia James with 198 Scholes Street, 11 Gunther Place, 506 Dekalb Avenue and 65 Kent Avenue (Illustration by THe Real Deal with Getty, Google Maps)
Yoel Goldman’s All Year Management investigated by NY attorney general
Yoel Goldman’s All Year Management investigated by NY attorney general
(Illustration by The Real Deal with Getty)
Developer fires back as Saddle River blocks affordable housing
Developer fires back as Saddle River blocks affordable housing
560 Seventh Avenue and Sharif El-Gamal (Margaritaville Resorts; Getty)
Synagogue sues Sharif El-Gamal over missing space
Synagogue sues Sharif El-Gamal over missing space
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...