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Administrative Order 161/21 Issued, Relating to Commercial Eviction Matters

Pursuant to the authority vested in me, and as required by L. 2021, c. 73 (the COVID-19 Emergency Protect Our Small Businesses Act of2021 [“Act”]) as amended by L. 2021, c. 104 (“Amendment”; Exh. 2) I hereby direct that the following restrictions shall apply to the conduct of commercial eviction matters before the New York State courts:

  1. Reguirement of Additional Affidavits in Newly-Commenced Proceedings:
    No court shall accept for filing any petition or other commencement papers in an eviction proceeding unless those papers include affidavits as required by
    Part A, §6 of the Act (Amendment, §20)
  2. Stay of Execution of Warrants in Commercial Eviction Proceedings: In any commercial eviction proceeding in which a warrant of eviction has been
    issued but has not yet been executed as of March 9, 2021, execution of the warrant shall be stayed until the court has held a status conference with the parties (Act, Part A, §8[a][i]; Amendment §20). If the tenant provides a hardship declaration prior to the execution of the warrant or judgment, the execution must be stayed until at least August 31, 2021. (Act, Part A,
    § 8[a][ii]; Amendment §18).
  3. Prior Judgments Based on Objectionable or Nuisance Behavior: If the court
    has awarded judgment against a respondent on or prior to March 9, 2021 on
    the basis of objectionable or nuisance behavior, the court shall hold a hearing
    to determine whether the tenant is continuing to persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes substantial safety hazard to others (Act, Part A, §9[2]; Amendment §20). If the petitioner fails to establish that the tenant persistently and unreasonably engaged in such behavior and the tenant has submitted a hardship declaration, the court shall stay or continue to stay further proceedings until August 31, 2021. (Act, Part A §§9, 9[4];
    Amendment § 19).
  4. All commercial eviction proceedings shall be conducted as required by the further provisions of the Act.
  5. This order supersedes the provisions of any other Administrative order inconsistent with its terms.

This order shall take effect immediately and shall remain in effect through August 31, 2021.

Hon. Lawrence K. Marks
Chief Administrative Judge of the Courts

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