(This page provides detailed information for the Town of Clinton Justice Court’s Evictions & Summary Proceedings cases)
Cases pending on December 28, 2020: Cases pending on December 28, 2020, including cases commenced on or before March 7, 2020, may now resume unless the respondent has filed a hardship declaration with either the court or the petitioner.
• If the respondent filed a hardship declaration with either the court or the petitioner, the court must stay the case until at least May 1, 2021.
• Nuisance exception: The case may proceed—even if the respondent has signed a hardship declaration—if the petitioner alleges that the respondent is a nuisance. However, if the petitioner fails to establish that the tenant is a nuisance, then the court shall stay the case until at least May 1, 2021. For more information about the nuisance exception, please see the last paragraph on the first page of the attached memorandum. Please feel free to reach out to our office to discuss this nuisance exception further.
Cases filed between December 28, 2020 and January 27, 2021: Cases commenced within the first 30 days after the Act went into effect were stayed for at least 60 days unless the respondent was alleged to be a nuisance; accordingly, many cases filed between December 28, 2020 and January 27, 2021 are still stayed. The stay in these cases lifts 60 days (or later if the court ordered a longer stay) after the case was commenced. [See Part A, § 2 of the Act]
Cases filed after January 27, 2021: There is no 60-day stay for cases filed after January 27, 2021. However, these cases must be stayed until at least May 1, 2021 if the respondent files a hardship declaration with the petitioner or with the court; the only exception to the required stay is if the tenant is alleged to be a nuisance.
New filings: Courts may accept for filing new residential summary proceedings unless the prospective respondent has filed a hardship declaration with either the petitioner or the court (and provided that the prospective respondent is not alleged to be a nuisance). The Office of Court Administration is developing guidance for courts that receive hardship declarations from individuals who are not parties in a pending matter; that guidance will be provided in the near future. In the meantime, please accept and retain any hardship declaration received by your court.
Reviewing the petitioner’s papers: Part A, § 5(b) of the Act requires the court to review the petitioner’s papers to ensure that the hardship declaration is served properly with the notice of petition, and it requires the court to seek confirmation on the record or in writing that the respondent received the hardship declaration form.
Any filings received after December 28, 2020 should satisfy the following requirements:
- Consistent with Real Property Actions and Proceedings Law § 735(2), the petitioner must file with the court a petition, a notice of petition, and an affidavit of service;
- The petitioner must have complied with the appropriate predicate notice requirements (for example, in nonpayment cases with Real Property Actions and Proceedings Law § 711(2), in holdover cases with Real Property Law § 226-C, and in cases involving an at-will tenant with Real Property Law § 228);
- The petitioner must have served a Notice to Respondent Tenant printed on colored paper pursuant to the requirements of Administrative Order AO/268/20; and
- Pursuant to Administrative Order AO/340/20, the papers must include the following additional affidavits required in Part A, § 5 of the Act:
- The petitioner must include an affidavit of service demonstrating the manner in which the petitioner served a copy of the hardship declaration with any predicate notice (see paragraph 2, above) and with the petition and notice of petition; and
- The petitioner must include an affidavit attesting to one of the following:
- Neither the petitioner nor the petitioner’s agent received a hardship declaration from the respondent or any other occupant of the residence; or
- Even if the respondent filed a hardship declaration, the respondent is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others, with a specific description of the behavior alleged.
For more information please contact the Court Clerk at 845-266-5988 or visit the Justice Court page for more information.