Important Eviction Legislation
On December 28, 2020 Governor Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The Act provides immediate relief to respondents in residential eviction proceedings in New York City, including, among other things:
- Staying pending residential eviction proceedings for sixty (60) days.
- Staying residential eviction proceedings filed within thirty (30) days of December 28, 2020 for sixty (60) days.
- Publishing form “Hardship Declarations” to be used by tenant-respondents in eviction matters in reporting financial hardship during or due to the COVID-19 pandemic.
- Staying residential eviction proceedings until at least August 31, 2021 in proceedings where a tenant-respondent submits a completed Hardship Declaration.
Effective March 9, 2021 Governor Cuomo signed into law the COVID-19 Emergency Protect Our Small Business Act of 2021. The Act provides immediate relief to respondents in commercial eviction proceedings in New York City, including, among other things:
- Staying pending commercial eviction proceedings for sixty (60) days.
- Staying commercial eviction proceedings filed within thirty (30) days of the Act for sixty (60) days.
- Staying execution of warrants in commercial eviction proceedings in which a warrant or judgment has been issued but not yet executed until a status conference is held with the court.
- Publishing form “Hardship Declarations” to be used by commercial tenant-respondents in eviction matters reporting significant lost revenue or significantly increased necessary costs due to the COVID-19 pandemic.
- Submitting a Hardship Declaration in a pending matter requires that the matter be stayed until at least August 31, 2021.
- Submitting a Hardship Declaration in a matter not yet commenced precludes the landlord from commencing an eviction proceeding until August 31, 2021 and tolls the limitations period for commencement of an eviction proceeding until August 31, 2021.
Hardship Declarations
Hardship Declarations for Residential Evictions are to be used by tenant-respondents in eviction matters in reporting financial hardship during or due to the COVID-19 pandemic. Residential Hardship Declaration forms in several languages are available here:
Hardship Declarations for Commercial Evictions are to be used by commercial tenant-respondents in eviction matters in reporting significant lost revenue or significantly increased necessary costs during the COVID-19 pandemic. Commercial Hardship Declaration forms in several languages are available here:
Commercial Eviction Hardship DeclarationCommercial Eviction Hardship Declaration - SPANISH
You may submit your Hardship Declaration forms to the court by e-mail to the account associated with the county in which your eviction proceeding is taking place:
| Bronx | BronxHardshipDeclaration@nycourts.gov |
| Kings (Brooklyn) | KingsHardshipDeclaration@nycourts.gov |
| New York (Manhattan) | NewYorkHardshipDeclaration@nycourts.gov |
| Queens | QueensHardshipDeclaration@nycourts.gov |
| Richmond (Staten Island) | RichmondHardshipDeclaration@nycourts.gov |
Tenant Legal Service Organizations
The New York City Civil Court is maintaining a list of contact information for not-for-profit legal services providers handling housing matters in New York City, available here.
Request for Removal of Default Judgment
If a default judgment has been entered against you during the pandemic, you may make a request to the Court that the default be removed by completing and submitting this form.
Court Orders
In response to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, the Chief Administrative Judge of the Courts has issued the following administrative order and memorandum addressing eviction proceedings:
- Administrative Order AO/340/2020
- Memorandum of Chief Administrative Judge Lawrence K. Marks dated December 30, 2020
