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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.
SIGNIFICANT VICTORY FOR COOPERATIVES AS NY LEGISLATURE EXEMPTS COOPS FROM KEY PROVISIONS OF HSTPA
Cooperatives finally got long-awaited clarification from the New York State legislature on various sections of the Housing Stability and Tenant Protection Act of 2019 (the “HSTPA”). The HSTPA, meant to provide safeguards for tenants, created a number of unintended effects for cooperative boards. On June 10, 2021, the New York State legislature finally clarified that the inclusion of cooperatives in the tenant-protective provisions of the HSTPA was inadvertent. While the legislation still needs to be signed by the Governor, it is expected to be signed upon delivery to the Governor’s desk.
RENTAL ASSISTANCE UPDATE
The stays contained within the Covid-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA) and Covid-19 Emergency Protect our Small Businesses Act (CEEPSBA) have been extended through August 31, 2021. On April 16, 2021 the Covid-19 Emergency Rental Assistance Program (CERAP) was enacted to provide rent payments on behalf of low- and moderate-income households experiencing hardship due to Covid-19. Tenants may receive up to twelve months of rental and utility assistance for arrears along with three months of prospective rental assistance. Following is an overview of the major points; applicants need to be familiar with all components of the Act.
FRAUDULENT MORTGAGE PAYOFF LETTERS
We have been hearing from Title Companies about an increase in the use of fraudulent mortgage payoff letters. As a consequence, many Title Agents are modifying their procedures for satisfying mortgages at closings such as requiring that the Title Agent receive payoff letters at least 24 hours prior to closing in order to have sufficient time to verify the authenticity of the payoff letter. Also needed to be verified is the telephone number for the payee bank, the address or wire instructions provided in the payoff letter so as to avoid payoff funds being sent to the fraudsters.
NOTICE DISCLOSING TENANTS’ RIGHTS TO REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
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.
SUPREME COURT, NEW YORK COUNTY, IN A SUMMARY JUDGMENT MOTION, AWARDS A COMMERCIAL LANDLORD $1,680,454 IN UNPAID RENT, PLUS INTEREST AND LEGAL FEES, REJECTING TENANT’S DEFENSES OF FRUSTRATION OF PURPOSE AND IMPOSSIBILITY OF PERFORMANCE BASED UPON COVID-19
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.
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