Please be advised that, based upon Governor Cuomo's Executive Orders, and upon Administrative Orders and directives from the Court, Civil Enforcement in Summary Proceedings (Evictions) will not resume until further notice from the Court. Upon resumption, litigants must be aware of new requirements. Please see below.
On March 16, 2020, Lawrence Marks, Chief Administrative Judge for the New York State Courts, issued Administrative Order 68/20 (see PDF image below). In that order, Judge Marks stated that "All eviction proceedings and pending eviction orders shall be suspended statewide, and court-ordered auctions of property shall be postponed, until further notice." Therefore, notwithstanding any subsequent directives or advisories from the Administrative Judges of constituent parts of the Unified Court System, eviction proceedings and enforcement may not resume until Judge Marks expressly so Orders. On June 18, 2020, Judge Marks reaffirmed his earlier Order in a letter with attached Administrative Orders (see PDF image below). In that communication, Judge Marks explicitly confirmed that eviction proceedings and enforcement may not resume until Judge Marks expressly so Orders, and that any new Summary Proceeding filings made through a yet-to-be established electronic filing system would be suspended upon filing of a petition and/or answer.
On March 13, 2020, Judge Cannataro issued two directives (see PDF images below) halting certain operations essential in Landlord-Tenant proceedings. The first directive (DRP205) states that "the clerk shall not enter a default judgment in a proceeding for possession of a residential premises until such time as the current public health crisis has abated and this directive is rescinded." The second directive (DRP206) states that "Until further notice, no warrant of eviction shall issue until such time as the current public health crisis has abated and this directive is rescinded." On March 23, 2020, Judge Cannataro issued a third directive (DRP207; see PDF image below) in which he stated that "Filing of new actions and proceedings, including proceedings seeking residential or commercial evictions, is presumptively non-essential and shall not be accepted for filing by the Clerk." Until Judge Marks rescinds Administrative Order 68/20, and until Judge Cannataro rescinds the three above-described directives, it appears that there will be no action in or on any Summary Proceeding, nor any enforcement thereof.
On May 22, 2020, Judge Cannataro issued three directives (see PDF images below) containing instructions for petitioners and City Marshals on how to proceed with filing petitions and with obtaining and enforcing judgments in residential and commercial non-payment matters AS OF June 20, 2020. The first directive (DRP209) requires that petitioners seeking to file non-payment proceedings must submit, along with the petition, an affidavit attesting that the respondent is not a person eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic. The second directive (DRP210) requires a petitioner applying for a default judgment based upon a respondent’s failure to answer in a non-payment proceeding to submit, as part of the application, an affidavit attesting that the respondent is not a person eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic. The third directive (DRP211) requires a petitioner seeking to have the Marshal enforce a Warrant of Eviction that was issued in a non-payment proceeding PRIOR to March 20, 2020, to seek leave of the court to enforce the warrant by filing a motion on notice, which must include an affidavit attesting that the respondent is not eligible for unemployment insurance or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic.
As Judge Cannataro's directives are silent as to holdover matters, it appears that holdover proceedings and enforcement will be allowed to proceed as in the past, but only once the Court's pre-existing Administrative Order and directives are expressly rescinded.
Marshal Renzulli and his team are here to ensure that landlords are able to enforce their rights at the earliest legal date. To that end, we track the length of time that it takes us to obtain your Warrants of Eviction from the Courts. Click below to see the results of our analysis.
Marshal Renzulli's Office is proud of their demonstrated ability to assist pro se landlords - those who represent themselves in Court - in navigating the complicated process of obtaining their Warrants of Eviction and complying with all statutory and Court-ordered prerequisites to enforcement of those Warrants of Eviction. Marshal Renzulli and his team understand that many small landlords are unable to expend their limited resources on legal fees. We assist those landlords by patiently explaining to them the post-Judgment-of-Possession process and also by ensuring that they do not inadvertently abrogate the rights of their tenants by proceeding contrary to statute or Court Order.
Attorneys and law firms who contact Marshal Renzulli's Office will be pleased to encounter a deeply knowledgeable team of enthusiastic professionals who are capable of engaging with such clients in analyzing the most difficult and complex of matters. Whether presented with unusual or with run-of-the-mill cases, our team handles each with the utmost care and diligence.
Marshal Renzulli and his Office have extensive experience in executing Orders for the Seizure of Chattels (formerly known as Orders of Replevin). We are pleased to assist litigants in enforcing their right to recover their property.
Marshal Renzulli and his Office will be pleased to discuss the various options for litigants seeking to enforce Money Judgments issued in their favor There are at least eight separate avenues of enforcement that Judgment Creditors may utilize, depending on the specific facts of their case. All such litigants are welcome to call Marshal Renzulli's Office.
Marshal Renzulli is not a primary - or 'Program' - Marshal for the Parking Violations Bureau ("PVB"). Marshal Renzulli does execute PVB Judgments as an Associate to various Program Marshals. Inquiries regarding the disposition of any vehicle to which Marshal Renzulli has affixed a boot should be directed to the Offices of those Program Marshals.
Please be advised that we are closed on New York State Court Holidays
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City Marshals are supervised by the Bureau of City Marshals, New York City Department of Investigation, 180 Maiden Lane, New York, NY 10038.
Complaint Telephone Number: (212) 825-5953