Effective May 20, 2020 for Onondaga County, pursuant to Administrative Order 114/2020, e-filing through the New York State Courts Electronic Filing System (NYSCEF), including the filing of new non-essential matters, will be restored. If NYSCEF electronic filing is unavailable in the court, the parties “must commence new matters exclusively by mail.” Following commencement of a new matter, and in pending matters, represented parties must file papers through the Unified Court System’s Electronic Document Delivery System (EDDS) or by mail, and must serve papers (other than commencement documents) by electronic means or by mail. Notwithstanding the foregoing, unrepresented parties may file, serve and be served in such matters by non-electronic means[i].
Chief Administrative Judge Marks’ order allows for filings in pre-existing eviction and foreclosure matters, however, Executive Order 202.8 will still be in effect until June 20, 2020. Executive Order 202.28 will also remain in effect until August 20, 2020 as long as the failure to pay rent or mortgage is by “someone that is eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic[ii].”
Executive Order 202.8 mandated from March 20, 2020, that “there shall be no enforcement of either an eviction of any tenant residential or commercial or a foreclosure of any residential or commercial property for a period of ninety days[iii].”
Executive Order 202.28 extended the initiation or enforcement of eviction and foreclosure proceedings until August 20, 2020 for anyone whose inability to pay has been caused by the COVID-19 pandemic or related financial hardship. Executive Order 202.28 permits residential landlords, with consenting tenants, to apply the security deposits and interest thereon to satisfy rent obligations. Executive Order 202.28 also does not permit landlords or lessors from charging late fees for rent during the period of March 20, 2020 through August 20, 2020.
On March 15, 2020, Chief Administrative Judge Marks issued a memorandum ordering “all eviction proceedings and pending eviction orders shall be suspended statewide until further notice[iv].”
Prior to Chief Administrative Judge Marks’ Administrative Order 114/2020, Executive Orders 202.8 and 202.28, along with Administrative Order 78/20, and the March 15, 2020, Memorandum when reading together, barred the commencement of any new eviction proceeding until issuance of further orders by the New York courts, but, in no event, shall any such order be effective before June 20, 2020.
Thus, while the Executive Orders on evictions remain in effect through June 20, motions appear to be allowed in pending actions. However, each court is different and is issuing individualized rules and procedures. It is imperative to check the specific court’s rules to ascertain what is allowed in a pending case.
We are closely monitoring New York’s guidance as it continues to reopen and will continue to keep you updated. If you have questions concerning these topics, one of our attorneys can assist you. Please do not hesitate to contact the Wladis Law Firm. We will do our best to provide you with updates and will be available to answer questions as circumstances change. We may be reached at (315) 445-1700 or by e-mailing your everyday firm contacts.
[i] Administrative Order 114/20.
[ii] New York Executive Order 202.8.
[iv] March 15, 2020, New York Chief Administrative Judge Memorandum