Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-01-21
Original Source: https://www.courtlistener.com/opinion/4849318/matter-of-cabrera-v-humphrey/ ↗

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Furthermore, on December 28, 2020, the Legislature passed, and the Governor signed, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (see L 2020, ch 381). That act, which was effective immediately (see L 2020[*5], ch 381, part A, § 13), allows tenants to file a hardship declaration, which will prevent an eviction until at least May 1, 2021 (see L 2020, ch 381, part A, §§ 4, 8). The Legislature further provided that "[a]ny eviction proceeding pending on the effective date of this act . . . shall be stayed for at least sixty days, or to such later date that the chief administrative judge shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to give tenants an opportunity to submit the hardship declaration pursuant to this act" (L 2020, ch 381, part A, § 2). The act applies even to proceedings in which a warrant of eviction has already been issued (see L 2020, ch 381, part A, § 8). Thus, according to this newly-enacted statute, the current eviction proceeding is stayed and the warrant may not be enforced. Lynch, J.P., Clark, Pritzker and Colangelo, JJ., concur.

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