Commercial evictions can start in September

Cases started after March 17 still on hold

New York /
Aug.August 20, 2020 04:05 PM
Gov. Andrew Cuomo (Cuomo by David Dee Delgado/Getty Images; iStock)

Gov. Andrew Cuomo (Cuomo by David Dee Delgado/Getty Images; iStock)

Some commercial landlords can start evicting tenants as early as next month, though cases filed since March remain on hold.

A directive issued by the civil court on Thursday states that commercial eviction warrants can be executed starting Sept. 4, if the case commenced before March 17. Certain motions, trials and conferences can also proceed, a court spokesperson confirmed. Commercial eviction cases started after that will be stayed. Gov. Andrew Cuomo signed an executive order Thursday that extends the moratorium on Covid-19-related commercial evictions and foreclosures until Sept. 20.

Under the court’s directive, landlords no longer need to file affidavits proving a tenant isn’t facing financial hardship due to the pandemic as part of new commercial eviction filings. It was not immediately clear how the governor’s order would impact this and other aspect of the court’s guidance.

The directive follows guidance issued last week by the Office of Court Administration, which said commercial evictions could start back up Aug. 20 but would immediately be adjourned.

“It’s starting to look like there’s activity,” said Luise Barack, an attorney at real estate law firm Rosenberg and Estis. “We’re moving toward normalcy.”

She added, “I think everyone is eagerly expecting to have more information as to what is happening on the ground in contrast to what they say they are doing.”

Write Kathryn Brenzel at [email protected]


Related Articles

arrow_forward_ios
Gov. Andrew Cuomo (Getty)
Cuomo to lose shutdown power, but could still extend Covid restrictions
Cuomo to lose shutdown power, but could still extend Covid restrictions
The comedy club argues that if SNL can operate, then they should be allowed to operate too. (Getty)
Manhattan comedy club sues Cuomo over pandemic closures
Manhattan comedy club sues Cuomo over pandemic closures
(iStock/Illustration by Alexis Manrodt for The Real Deal)
Order up: Real estate investors line up to buy drive-throughs
Order up: Real estate investors line up to buy drive-throughs
(iStock/Illustration by Kevin Rebong for The Real Deal)
A year later, deferred rent may be restaurants’ downfall
A year later, deferred rent may be restaurants’ downfall
(iStock/Illustration by Kevin Rebong for The Real Deal)
To boost economy, NYC will invest in rapid Covid test
To boost economy, NYC will invest in rapid Covid test
Auckland, New Zealand and Shenzhen, China (iStock)
Global luxury home sale prices nudged up in 2020
Global luxury home sale prices nudged up in 2020
Miami-Dade Mayor Daniella Levine Cava (Getty, iStock)
Miami-Dade resumes pre-pandemic evictions after unannounced February break
Miami-Dade resumes pre-pandemic evictions after unannounced February break
Five small landlords, represented by Randy Mastro, have sued New York attorney general Letitia James (Getty)
Lawsuit challenges New York eviction ban’s constitutionality
Lawsuit challenges New York eviction ban’s constitutionality
arrow_forward_ios

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

Loading...