Cuomo Extends Commercial Eviction Moratorium Until Oct. 20

If your building includes commercial tenants, be aware that New York’s moratorium on COVID-related commercial foreclosures and evictions will be in place until at least Oct. 20. The moratorium was set to expire Sept. 30, but Governor Cuomo recently signed a new executive order extending the ban for another month. This measure extends protections already in place for commercial tenants and mortgagors in recognition of the financial toll the pandemic has taken on business owners, including retail establishments and restaurants.

Under Cuomo’s original order from March, initiating a proceeding or carrying out a commercial eviction for nonpayment of rent, or foreclosing on a commercial mortgage due to nonpayment, is not permitted. The initial moratorium on evictions also included residential evictions and foreclosures, but those provisions have not been renewed. However, residential tenants who qualify may be protected by a public health order issued in early September by the Centers for Disease Control. (See "CDC Issues Eviction Moratorium Until Dec. 31," available to subscribers here.)