DRP-221 Issued to Guide Management of Eviction Cases Commenced after March 16, 2020

LVT Number: #31863

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-221 was issued to address the management in New York City's Civil Courts of residential and commercial eviction matters commenced after March 16, 2020. For all warrant requisitions issued between March 17, 2020, and Sept. 2, 2021, petitioners must file a motion on notice to the respondents to ensure that the warrant complies with the laws and procedures that were in effect when the warrant was issued, and to ensure that there are no current stays pending in the proceeding.

Following the end of New York's eviction moratorium on Jan. 15, 2022, DRP-221 was issued to address the management in New York City's Civil Courts of residential and commercial eviction matters commenced after March 16, 2020. For all warrant requisitions issued between March 17, 2020, and Sept. 2, 2021, petitioners must file a motion on notice to the respondents to ensure that the warrant complies with the laws and procedures that were in effect when the warrant was issued, and to ensure that there are no current stays pending in the proceeding.

To enforce an eviction warrant issued after March 16, 2020, petitions must seek permission from the court by motion on notice to the respondent. Warrants issued on or after Sept. 2, 2021, are presumed to be valid and can be executed. But, the directives above won't apply in proceedings where the petitioner has claimed that the respondent intentionally caused significant damage to the property or unreasonably engaged in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. Warrants issued prior to the expiration of, and containing language required by, CEEFPA or any subsequent act, are valid as the warrants were issued under the law in existence at that time. Warrants issued after the CEEFPA or later act don't need to include language required by CEEFPA or any subsequent act since they are no longer in effect.

DRP-221 pointed out that pre-pandemic residential eviction proceedings filed prior to March 17, 2020, were governed by procedures set forth in DRP-217 (see LVT #31567).

Civil Court of the City of New York Directives and Procedures DRP-221 (Civ. Ct. NY; 1/16/22; Walker-Diallo, AJ)[2-pg. document]

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