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COVID-19

Directives & Orders Concerning the New York Courts

Directives & Orders Concerning the New York Courts
04/1/2020

To our clients, friends and colleagues,

During this unprecedented crisis, governmental mandates are ever-changing and we want to keep you apprised of the most current directives and orders concerning the New York Courts.

As per the administrative order from the chief administrative judge, the courts are no longer accepting any non-emergency papers for filing – that means that nonpayment or holdover proceedings may not be commenced against defaulting tenants. That does not mean, however, that landlords cannot inform tenants when they are in default of their lease – whether it be for nonpayment or a non-monetary breach, such as nuisance conduct like smoking or excessive noise. The following are some options:

  • For nonpayment of rent – send a letter or notice to the tenant explaining that rent continues to be due and its payment is essential to the continued upkeep of the building. The letter may also say that if the COVID-19 virus is directly impacting your ability to the pay the rent, please contact us to discuss possible payment options.

  • For nonmonetary defaults - send a letter detailing the default, demand or request that it be cured or corrected within a specific period and if not corrected (e.g. stop smoking, stop making excessive noise), landlord will take swift action as soon as it is permitted.

These letters / notices may come from you directly or from counsel. That is up to you. In either event, we are happy to prepare a draft or review anything that you might propose.

Although our offices are physically closed pursuant to the Governor’s order, we are working remotely and our firm remains fully functional and open for business, prepared to provide whatever legal services and guidance are necessary during this challenging time. You may contact any of our attorneys by email or by phone and we will get back to you promptly.

May you and your families stay safe and healthy.