The hardship stay provided under New York State’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“EEFPA”) officially expired on January 15, 2022. The EEFPA was the State’s response to protect New Yorkers (facing foreclosure or eviction) affected by a financial hardship caused by the COVID-19 pandemic.
The EEFPA protections initially took effect on December 28, 2020, were extended by Governor Cuomo in May 2021, and further by Governor Hochul in September 2021.
Since the expiration of the EEFPA on January 15, 2022, New York courts can now begin and resume processing all active foreclosure matters. This includes:
- Deciding motions that are fully-briefed and were previously submitted to the court for a decision;
- Scheduling oral argument or issuing briefing schedules for motions that have not yet been submitted to the court for a decision;
- Scheduling settlement conferences pursuant to CPLR 3408; and
- Scheduling foreclosure sales.
Since many foreclosure matters have been stagnant or stayed since the beginning of the COVID-19 pandemic, parties can expect some delays in the advancement and prosecution of these matters due to the volume of actions that need to be processed.