NEW YORK STATE LEGISLATION PLACES AN ADDITIONAL MORATORIUM ON COVID-RELATED RESIDENTIAL EVICTIONS AND FORECLOSURE PROCEEDINGS
Governor Andrew M. Cuomo today signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“Act”). The Act (S.9114/A.11181) prevents residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic. It also extends the Senior Citizens' Homeowner Exemption and Disabled Homeowner Exemption from 2020 to 2021.
This month Governor Cuomo signed a new law that simplifies and improves the state’s power of attorney form. A power of attorney is one of the most widely used legal documents, allowing people to transfer the power to manage their own affairs, especially when they may no longer be able to do so due to health issues or age, to someone else. Executing a power of attorney is an important estate planning tool which avoids the need for a time consuming and expensive guardianship proceeding if a person becomes incapacitated.
SUPREME COURT, NEW YORK COUNTY, IN A SUMMARY JUDGMENT MOTION, REJECTS TENANT’S DEFENSES OF FRUSTRATION OF PURPOSE AND IMPOSSIBILITY OF PERFORMANCE BASED UPON COVID-19
The landlord in 1140 Broadway LLC v Bold Food LLC, et. al., Sup. Ct., N.Y. Co. Index No. 652674/2020 commenced a Supreme Court action against a commercial tenant for breach of an office lease due to the tenant’s failure to pay rent during the COVID-19 pandemic and ultimately surrendering the lease almost a year and a half before its expiration date.
The Southern District Court in Melendez v. The City of New York, No. 20-CV-5301 (S.D.N.Y.) declared NYC Council’s newly enacted Anti-Harassment and Guaranty Laws that protect commercial and residential tenants constitutional.
Since the issuance of an Order by the CDC on September 4, 2020 which extended the moratorium on residential evictions for non-payment of rent through December 31, 2020, for covered persons, Governor Cuomo has issued additional Executive Orders (“EO”) and Judge Marks has issued an Administrative Order (“AO”) which seeks to permit the court to move forward with housing court proceedings while creating additional obstacles to delay evictions.
Pursuant to authority granted by the Trump administration, the CDC will publish an Order on September 4, 2020 which extends the moratorium on residential evictions for non-payment of rent through December 31, 2020, covering additional residential renters which were not previously covered under the CARES Act.