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NEW LAW PROHIBITING LEGAL FEES TO BE CHARGED BY A LESSOR OR AGENT THEREOF: A SEEMINGLY SIMPLE LAW WHICH IS ANYTHING BUT SIMPLE
On December 21, 2021, Governor Kathy Hochul signed Senate Bill S2014 into law, amending the Administrative Code of the City of New York, the Emergency Tenant Protection Act of nineteen seventy-four, the Emergency Housing Rent Control Law and the Real Property Law purportedly to prohibit a landlord from including any legal fees on any correspondence to, or ledger of, a tenant unless awarded pursuant to a court order.
New York State Eviction Moratorium on COVID-Related Residential Evictions and Foreclosure Proceedings Ends January 15, 2022
Governor Kathy Hochul is allowing the Eviction Moratorium to expire on January 15,2022. This moratorium has prevented residential evictions and foreclosure actions to proceed during the COVID-19 pandemic.
THE APPELLATE TERM REVERSES TRIAL COURT’S VACATURE OF STIPULATION OF SETTLMENT “INADVISEDLY” ENTERED INTO BY OCCUPANT OF RENT STABILIZED APARTMENT
DNCT represented a landlord in a holdover proceeding commenced to recover possession of a rent-stabilized apartment on the ground that the tenant of record was not using the apartment as her primary residence. The tenant never appeared, but the occupant appeared by counsel and asserted her right to succeed to the tenancy as a nontraditional family member.
LANDLORD RENTAL ASSISTANCE PROGRAM (LRAP)
Starting Thursday, October 7, 2021 at 9 a.m., applications will be accepted for the Landlord Rental Assistance Program (LRAP) which provides rental assistance for landlords whose tenants are unwilling to apply for the Emergency Rental Assistance Program (ERAP), including where the tenant has left the rental property.
EVICTION MORATORIUM EXTENDED THROUGH JANUARY 15, 2022
On September 2, 2021 NYS Governor Hochul signed into law another eviction moratorium extension through January 15, 2022 in response to the US Supreme Court ruling that the self-attesting Hardship Declaration, Part A of CEEFPA, violates the Due Process Clause as it failed to require Tenants to produce any evidence supporting its claim of hardship nor Landlords the right to contest the Declaration. [Chrysafis v. Marks]. While the new law seeks to correct its failings, the amendments do nothing more than give the appearance of due process.
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.
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