The state has enacted a series of eviction moratorium measures found necessary to protect the public health, safety, and general welfare of the people of New York. These provisions extended the eviction moratoriums until January 15, 2022.
These measures include:
- The Tenant Safe Harbor Act ("TSHA")
- The COVID-19 Emergency Eviction and Foreclosure Prevention Act ("CEEFPA")
- The COVID-19 Emergency Rental Assistance Program ("CERAP")
Special Notes concerning evictions, ejectments, and other orders:
- In Jacob Cram Coop Inc. v. Ziolkowski, February 10, 2021, Supreme Court, New York the court held that the "COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020" applies to ejectment actions, not just summary proceedings to evict.
- On August 13, 2021, NYS State Administrative Judge Marks issued an order which directs courts to continue with residential eviction cases, but notes that cases commenced before March 17, 2020, must have court conferences to determine their status. If you have an eviction order in a case commenced before that date, the Sheriff cannot act on your eviction order until the court provides an order or other notice that it has complied with OCA’s settlement conference requirement.
- All evictions, ejectments, and orders to deliver real property are subject to these measures as applicable.
- The Centers for Disease Control and Prevention temporary moratorium on evictions was stayed by the United States Supreme Court on August 26, 2021, and is no longer in effect.
Evictions Performed by the Sheriff’s Office
The Sheriff's Office handles evictions that involve the enforcement of a court order or warrant. The fee for performing an eviction is $140.
Examples of court orders:
- If a property owner buys a foreclosed property and the tenants refuse to leave.
- A divorce action where one party is awarded the property and the other party refuses to leave.
- A warrant of eviction, also known as a warrant of dispossess, is issued by the court to recover possession of real property. It is most frequently used when a landlord wishes to remove a tenant for non-payment of rent or to remove a tenant who remains in the property after the expiration of the lease. Landlord/tenant cases in New York City Civil Court that result in an eviction are generally handled by the city marshals.
For the Sheriff’s Office to enforce an eviction, the landlord or plaintiff must supply the following.
- The original warrant or order and three copies. The warrant or order must be signed by a judge, or in New York City Civil Court matters, the clerk of court. It must contain an accurate description of the property, and it must direct the Sheriff’s Office to enforce the warrant or order. The Sheriff’s Office will not request the entry of a judgment of possession or issuance of the warrant; the landlord or plaintiff will be responsible to provide a completed warrant or order for execution.
- Completed Sheriff’s Office Eviction Intake Form.
- Check or money order for $140 made out to "NYC Sheriff.” Payment of fees will be required at the time the warrant is received. Additional costs or expenses that are incurred during service may be charged to the plaintiff.
- The plaintiff’s or the attorney’s name and telephone number must be included with the papers so that they may be notified promptly when enforcement has been scheduled. Safety information related to gang or drug activity, weapons, or dangerous animals on the premises should be conveyed to the deputy sheriff as quickly as possible.
The Sheriff’s Office cannot provide legal advice. You may find the following resources to be helpful.