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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.

Do-It-Yourself (DIY) Forms

CourtHelp: When you don’t have a lawyer.

Court Locator:  Find contact information for the courts where you live.

 

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…”. 

Broome