Responding to an Eviction Proceeding during Covid-19
By State law, eviction proceedings in New York State can have a fast schedule, with short periods of time to file an answer. The petition in your particular case will tell you more about that timeline, and the usual time to answer. However, during the coronavirus emergency, State and federal law has been temporarily changed in a way that might give you additional days or weeks to file your answer. The best way to find out whether those changes affect your proceeding is to contact a lawyer.
The information below is designed to help you find a lawyer – or, if you do not have a lawyer, to help you learn about your legal rights and the resources that the Court System provides to help you with your case.
Finding a Lawyer: Information about whether you qualify for a free lawyer, and help in finding a lawyer.
LawHelpNY: For general information about eviction proceedings, as well as help in finding a lawyer throughout the State.
CourtHelp: When you don’t have a lawyer.
Court Locator: Find contact information for the courts where you live.
Evictions from your house or apartment- Info on Revised Rules Effective August 13, 2020
See: AO/160A/20 And Memo describing the Order
Highlights of AO/160A/20-Revised Rules for Residential Eviction Cases (about your house or apartment)
- Residential Eviction Cases filed before March 17 may go forward. However, those cases-including cases where a warrant of eviction was issued, but not yet carried out-must go before a judge before any further action is taken.
- Eviction proceedings filed on or after March 17, 2020, continue to be suspended. (no action can be taken).
- No new or outstanding residential warrants of eviction may be carried out before October 1, 2020. (A landlord cannot evict you from your house or apartment before October 1, 2020).
For further information on residential eviction cases, see AO/160A/20 and Memo describing procedures effective as of August 13. Also check the information above for getting help to learn about your legal rights in an eviction case.
COVID-19 Related Information
Administrative Orders of the Chief Administrative Judge (during the Pandemic)
Executive Orders of Governor Cuomo (during the Pandemic)
COVID-19 Information from the Federal Government
Executive Orders Relating to COVID-19 & Eviction Proceedings
EO202.28: Declaring that “[t]here shall be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent or a foreclosure of any residential or commercial mortgage, for nonpayment of such mortgage, owned or rented 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 for a period of sixty days beginning on June 20, 2020.”
EO202.8: Declaring that, “[i]n accordance with the directive of the Chief Judge of the State to limit court operations to essential matters during the pendency of the COVID-19 health crisis, any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020…”
EO202.14: Continuing “the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order to 202, for thirty days until May 7, 2020, except as limited below...”.
EO202.28: Continuing “the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, for thirty days until June 6, 2020, except as modified below…”.
EO202.38: Continuing continue the suspensions and modifications of law, and any directives, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, as continued as contained in Executive Order 202.27 and 202.28 until July 6, 2020…”.
