THE UNITED STATES SUPREME COURT BLOCKS PART OF NEW YORK EVICTION MORATORIUM
On August 12, 2021, the United States Supreme Court granted an injunction enjoining enforcement of Part A of New York’s Covid Emergency Eviction and Foreclosure Prevention Act (CEEFPA). Under Part A of CEEFPA, if a tenant self-certified financial hardship, a landlord was generally precluded from contesting that certification and thereby denied the landlord a hearing. According to the U.S. Supreme Court, “This scheme violates the Court’s longstanding teaching that ordinarily ‘No man can be a judge in his own case’ consistent with the Due Process Clause.”
The Supreme Court did not enjoin enforcement of New York’s Tenant Safe Harbor Act which instructs courts to entertain a Covid-related hardship defense in eviction proceedings where an assessment of the tenant’s alleged hardship can be made and a court can make an appropriate finding based upon all of the evidence presented.
Currently, New York’s Eviction Moratorium expires on August 31st, therefore, the result of the injunction awarded by the Supreme Court effectively advanced the August 31st date to August 12th.
If you have any questions as to how the Supreme Court’s decision may affect your matter, please call DNCT and we will review the facts of your particular case.