21 LONGISLANDPRESS.COM • FEBRUARY 2022
L & T LAW: WHAT YOU NEED TO KNOW
By: Janet Nina Esagoff, Esq.
On January 15, 2022, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and
COVID-19 Emergency Protect Our Small Business Act of 2020 expired. Now, to the satisfaction of property
owners, both residential and commercial eviction proceedings can finally move forward. During the early
period of the pandemic, landlords and property owners were stayed from proceeding in housing courts, due
to shutdowns and then, the filing of hardship affidavits from holdover and defaulting tenants in possession.
Tenants were not required to demonstrate hardship, creating havoc. As courts ramp back up, many landlords
are challenging hardship declarations. Courts are slowly moving cases, but due to understaffing, new laws
and other challenges, there are huge caseloads on the docket. The Emergency Rental Assistance Program
(ERAP) is one newer statutory roll out that has saved many from eviction. Landlords cannot evict until ERAP
is decided, which can take months. Once a tenant qualifies, a landlord can agree to accept funds in exchange
for a one- year lease, or decline and proceed with eviction. Many tenants appeal an adverse ERAP decision,
adding more delay to the timeline.
What is par during this “new normal”?
The consensus is that the status quo favors most tenants, while landlords have no choice but to stay the course and either negotiate
settlements, i.e. cash for keys and rent waivers, or push for trial dates. As usual, it could take months or years for a marshal to start the
process of a forcible eviction, and tenants know the drill to go to court and apply for an order to show cause to stay evictions post-trial. So,
property owners must continue to litigate to see progress on their cases, including making motions for default judgments and applying, and
re-applying for warrants of eviction. A motion and/or a conference must be held in order for the landlord to be allowed to execute upon a
warrant that was issued prior to March 16, 2020 through September 2, 2021. If a warrant of eviction was issued after September 2, 2021, no
motion or conference is needed in order to execute.
Is there any good news? Yes, due to modern technologies now utilized by the court system, there are new efficiencies in place. Court clerks
and judges are utilizing email to communicate directly with law offices. Microsoft Teams appearances streamline court hearings, conferences
and adjournments. In some ways, cases are moving a bit faster, and at a lower cost due to fewer in-person court appearances required
by housing attorneys.
Esagoff Law Group is a dynamic Nassau County law firm that offers free consultations and flat fees to individuals and businesses alike. Janet
Nina Esagoff is the managing partner of the Real Estate Litigation Dept and is available to answer your questions.
Call her at 1-844-4 LAWFIX
LAW. DIFFERENTLY. • 917 Northern Boulevard, Great Neck, NY 11021 • Office: (516) 304-5944 • Fax: (844) 400-7770 • www.esagofflaw.com
GETTING IT ALL TOGETHER IN 2022
Taking care of your legal, physical, mental, and spiritual well-being
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