Commercial evictions can start in September

Some commercial landlords can start evicting tenants as early as next month, though cases filed since March remain on hold.

A directive issued by the civil court on Thursday states that commercial eviction warrants can be executed starting Sept. 4, if the case commenced before March 17. Certain motions, trials and conferences can also proceed, a court spokesperson confirmed. Commercial eviction cases started after that will be stayed. Gov. Andrew Cuomo signed an executive order Thursday that extends the moratorium on Covid-19-related commercial evictions and foreclosures until Sept. 20.

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Under the court’s directive, landlords no longer need to file affidavits proving a tenant isn’t facing financial hardship due to the pandemic as part of new commercial eviction filings. It was not immediately clear how the governor’s order would impact this and other aspect of the court’s guidance.

The directive follows guidance issued last week by the Office of Court Administration, which said commercial evictions could start back up Aug. 20 but would immediately be adjourned.

“It’s starting to look like there’s activity,” said Luise Barack, an attorney at real estate law firm Rosenberg and Estis. “We’re moving toward normalcy.”

She added, “I think everyone is eagerly expecting to have more information as to what is happening on the ground in contrast to what they say they are doing.”

Write Kathryn Brenzel at kathryn@therealdeal.com