New York commercial evictions can resume in September

Pedestrians pass an empty storefront in Corona on June 23. AP Photo/John Minchillo

By David Brand

Gov. Andrew Cuomo signed an executive order Thursday that halts COVID-related commercial evictions and foreclosures until at least Sept. 20.

The order is the latest in a series of temporary measures that pause evictions during the coronavirus pandemic, which has forced tens of thousands of businesses to suspend operations to comply with public health rules. 

“This pandemic is not over and as we continue to fight the virus, we are continuing to protect New York businesses and residential tenants who face financial hardship due to COVID," Cuomo said.

A previous order suspending evictions was set to expire Sept. 5 for commercial tenants whose cases were adjudicated before the court stopped in-person operations on March 16. 

A commercial eviction moratorium on cases filed on or after March 17 remains in effect until further notice, according to an Aug. 12 order from Chief Administrative Judge Lawrence Marks.

An administrative order issued hours before Cuomo’s directive allows new commercial eviction filings and trials to resume across the state. 

Landlords no longer need an affidavit proving their commercial tenants were not financially impacted by COVID-19 to pursue an eviction, wrote New York City Civil Court Administrative Judge Anthony Cannataro.

“Beginning August 20, 2020, the Clerk will begin accepting new warrant requisitions in any commercial eviction cases in which a judgment of possession has been granted, and the Clerk will be authorized to issue warrants of eviction in these cases,” Cannataro wrote.