Landlord & Tenant
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UPDATE ON CEEFPA EXTENSION AND NEW COURT PROCEDURES

 

ON AUGUST 12, 2021 SCOTUS DECLARED SECTION A OF THE HARDSHIP DECLARATION AS UNCONSTITUTIONAL.

-          HDs were no longer in effect. 

-          Landlords were able to fill out non-military affidavits to requests warrants.

-          Motions were no longer needed to obtain a default judgment or warrant.

 

ON SEPTEMBER 2, 2021, NYS REINSTATED CEEFPA, HARDSHIP DECLARATIONS AND EXTENDED THE EVICTION MORATORIUM TO JANUARY 15, 2022

-          A landlord can now challenge the veracity of a Hardship Declaration filed by a tenant by motion attesting to a good faith belief that the HD is not valid.

-          A new Hardship Declaration Form is available which outlines the right of landlord to contest the tenant’s claims of a hardship.

-          A landlord must file motions to obtain default judgments and to request the issuance or execution of warrants of evictions if a tenant has not filed a hardship declaration or not answered the petition.

-          ERAP filing stays all proceedings, including those previously commenced. 

                         -- Once ERAP determined, whether denial or pay, any remaining balance may be pursued.

                        -- Need motion to restore after ERAP determination – we need breakdown showing application of funds.

IN PERSON COURT APPEARANCES TO RESUME ON 9/20/21

-          Limited to 5 cases per hour in resolution parts. 

-          Court created new INTAKE Part, for cases where tenant answered and has not yet appeared.

              --   Tenant will be referred to legal service provider for possible representation.  Case will then be transferred from INTAKE Part to Resolution Part.

         --   We can appear virtually in the INTAKE Part, but in-person for the resolution parts.

 

RECOMMENDATIONS

(1)    We recommend commencing proceedings where no HD received.  We also suggest that many cases previously commenced, and not at the petition stage, be restarted.

          --   There is an avenue to challenge HD if returned on Default Notice or Rent Demand – file affidavit based on good faith belief that the HD is not valid when purchasing index #, and notify tenant of intent to challenge HD when serving petition.

          --   Court must hold a hearing on challenge to HD – not sure how soon after the papers are served, and whether put on calendar without motion.

(2)    Process all cases aggressively. Get cases into the queue as court is now calendaring cases once the tenant answers.  Also, we can make motion for default if tenants do not answer.

(3)    Getting tenants referred to service providers is imperative as this is the best opportunity to get them to apply for ERAP if they have not already applied for assistance.

(4)    Make motions for default judgments and motions to issue/execute warrants.  We need to get those cases moving even if it leads to a tenant filing a HD.

(5)    Consider challenging HD on all circumstances where the tenant files upon receipt of Default Notice and/or Rent Demand since we can file petitions with affidavit contesting HD.

      --    If you have definitive evidence that tenant was financially affected ie. recertification or Section 8 income documentation – Do not to challenge HD in existing proceeding.

(6)    Restart all super holdovers, because the court is now allowing us to include a court appearance date on all holdover proceedings.        


ERAP

FOR INFORMATION, VIDEOS & HOW TO APPLY

PLEASE VISIT : https://www.rosenblumbianco.com/erap-information


TO START A COLLECTIONS CASE PLEASE EMAIL :

RICHARD BYRNE (RBYRNE@ROSENBLUMBIANCO.COM)

& CHRISTINE MARTINEZ (CHRISTINE@ROSENBLUMBIANCO.COM)


ROSENBLUM & BIANCO LLP 

A FULL-SERVICE LANDLORD-TENANT LAW FIRM  

As our Housing Court practice continues to grow, we felt that it was important to keep you aware of the full range of legal services we provide to our clients.  The need for a quality representation has been made more urgent by the recent enactment of the HSTPA and then the current global pandemic.   In addition to our daily representation of owners, landlords and third-party management in the Housing Courts of the City of New York, Long Island and Westchester, Rosenblum & Bianco LLP represents these same parties in related actions including:  

1.                  Residential and Commercial Post-Possession Collections – Collection work was a natural progression for us from our Landlord-Tenant practice.  We can provide you with comprehensive collection services, from commencement to the action through to the garnishment of wages or bank accounts.  John Bianco and Richard Byrne, an experienced collection attorney, have set up a division of our firm dedicated to collection work.  Assisted by Paralegal Christine Martinez, and done on a contingency fee basis we handle residential, commercial and transactional collections.

2.                  DHCR Administrative proceedings – While we have been doing work for our clients at DHCR and other administrative agencies since our firm opened in 1992, we have recently revised and ramped-up our Administrative Law Department. Our experienced Paralegal, Blanca Zuna, is the point person in our office coordinating the intake of cases, collection of required documentation, and the calendaring of deadlines.  All of our attorneys have extensive DHCR experience.  The attorney assigned will work with Blanca and John Bianco to assure the timely submission of a detailed response to all proceedings, including those involving the T.P.U., Rent Overcharge, Rent Reduction, and Rent Restoration applications.

3.                  E.C.B. (Environmental Control Board) & O.A.T.H. (Office of Administrative Trials and Hearings) is an administrative court that conducts hearings on violations, summonses and tickets issued by City agencies, including the Department of Buildings (DOB), the Fire Department of New York (FDNY), Department of Sanitation of New York (DSNY), and Department of Environmental Protection (DEP). Our firm represents property owners at OATH hearings who have been issued violations, summonses and tickets by the above agencies and fight for the minimum fines.

4.                  Supreme Court proceedings – All Supreme Court actions, including our Article 78 proceedings are coordinated and handled by Josh Rosenblum and Tracy Boshart.  Josh’s Executive Assistant, Afia Cannie assists in the preparation and filing of pleadings and motions.

5.                  Division of Human Rights – While several of our attorneys have experience in defending Human Rights complaints, both Josh Rosenblum and John Bianco are highly versed in this area of practice.  As the number of filings has increased over the past few years, we are prepared to defend you in any Human Rights forum whether a NYC, NYS or Federal action.

6.                  COVID 19 Crisis Management – especially important now, Josh Rosenblum and John Bianco are fully informed of the impact that Covid-19 will have on your business, tenant collections and court proceedings. We can serve as consultants for the constantly evolving rules and regulations, including the CARES Act and SBA Loans, as well as the financial impact on management, rental collection, repairs and maintenance.   We encourage you to look to us to handle your full range of Real Estate Management service needs. 

The information available on this website is disseminated for informational purposes only. Nothing contained herein, (including, but not limited to, all newsletters, press releases, blog posts, documents, biographical information, descriptions, descriptions of services rendered, comments, responses, emails, or other communications), should be construed as a legal opinion or professional advice.