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64 e hardship stays provided under New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) officially ended on January 15, 2022. e EEFPA was the legislature's response to protect New Yorkers affected by a financial hardship caused by the COVID-19 pandemic from the threat of immediate foreclosure or eviction. e EEFPA provided a mandatory stay of any foreclosure or eviction proceeding in which a borrower or homeowner filed a hardship declaration with the court. e EEFPA protections initially took effect on December 28, 2020, were extended by Governor Cuomo in May 2021, and were further extended by the legislature in September 2021. Despite calls for an extension of the hardship stays and protests by housing groups in Albany, the last extension expired on January 15, 2022. In response to the expiration of the hardship stay, New York's Office of Court Administration (OCA) issued a memorandum to judges and non-judicial staff along with Administrative Order 35/22 on January 17, 2022, permitting—for the first time in the almost 22 months since the pandemic began—residential and commercial mortgage foreclosure proceedings to "resume in the normal course." On this same date, the court issued a separate memorandum together with Administrative Order 34/22, addressing residential and commercial eviction proceedings and directing that these too "may proceed in the normal course." WHAT DOES THIS MEAN FOR LENDERS, MORTGAGE SERVICERS, AND LANDLORDS? e practical impact of the hardship stay's expiration is that the courts can now begin processing all active foreclosure and eviction matters, including: » Deciding motions that are fully briefed and were previously submitted to the court for a decision » Scheduling oral arguments or issuing briefing schedules for motions that have not yet been submitted to the court for a decision » Scheduling foreclosure settlement conferences pursuant to Civil Practice Law and Rules (CPLR) § 3408 » Scheduling conferences for the issuance of warrants of eviction and scheduling foreclosure sales » Scheduling execution of warrants of possession/lockouts With the expiration of the hardship stay, COVID-19 conferences will no longer be held. Instead, these will be replaced by status conferences to determine the procedural status of the action and, where required, CPLR § 3408 conferences. Feature By: Mikelle V. Bliss and Margaret J. Cascino AFTER THE PAUSE As COVID-19 foreclosure and eviction stays lapse in New York, what do servicers and landlords operating in the Empire State need to know?

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