2021-2022 Erie County Bar Foundation Campaign

Memo to 8JD Law Enforcement, Civil Division, Regarding Evictions

MEMORANDUM 
January 21, 2021 

TO: EIGHTH JUDICIAL DISTRICT LAW ENFORCEMENT – CIVIL DIVISIONS 
FROM: ANDREW B. ISENBERG, District Executive 
RE: UPDATE ON LANDLORD/TENANT MATTERS WARRANTS OF EVICTION 

Please be advised that under Chapter 381 of the Laws of 2020 (the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020) the court is required to hold a STATUS CONFERENCE with the parties and determine whether an outstanding warrant shall re-issue and be amended. In the absence of a status conference, there is a stay on execution of warrants. The courts have been provided an updated on this new law and many courts are in the process of scheduling virtual conferences in these matters. 

WARRANT MUST CONTAIN THE FOLLOWING PROVISIONS TO BE LEGALLY SUFFICIENT 

In addition to the requirement for a status conference, in any eviction proceeding in which a warrant has been issued, the warrant issued shall not be effective unless, in addition to the requirements under section 749 of the real property actions and proceedings law for warrants, such warrant states: 

(i) The tenant has not submitted the hardship declaration and the tenant was properly served with a copy of the hardship declaration listing dates the tenant was served with the hardship declaration by the petitioner and the court; 

OR 

(ii) The tenant is ineligible for a stay under this act because the court has found that the tenant is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior. 

PRESENTATION OF HARDSHIP FORM TO WARRANT OFFICER OR LANDLORD REQUIRES HALT FURTHER ACTION 

If the warrant contains the language referenced above and the officers executing the warrant is presented with a hardship declaration, such enforcement officer shall promptly provide it to the court indicating the appropriate index/case number, the form is associated with. 

If such hardship declaration is provided to the landlord/petitioner, such petitioner/landlord shall promptly file it with the court. 

It should be noted that if the tenant provides a hardship declaration to the landlord/petitioner or the court, prior to the execution of the warrant, the execution shall be stayed until at least May 1, 2021. 

Be further advised that pursuant to the new statute referenced above with limited exceptions outlined in the statute relating to substantial safety hazards or substantial nuisances there is a 60-day stay on all pending landlord tenant proceeding that have yet to be adjudicated. 

cc: Hon. Paula L. Feroleto 
Hon. M. William Boller 
Hon. Mark Montour 
Hon. Craig Hannah 
Hon. James Faso, Jr. 

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