The U.S. District Court for the Southern District of NY in Elmsford Apartments Associates LLC v. Cuomo rejected New York landlords’ claims that the New York Covid-19 eviction moratorium (the “Moratorium”) violated their rights under the contracts, takings, due process and petition clauses of the U.S. Constitution. The court ruled that: 1) The moratorium did […]
Category Archives: Landlord / Tenant Law
WKBW Channel 7 Rochester – July 16, 2020 Renters are still in fear of eviction as the protections laid out by Governor Andrew Cuomo have done some, but not enough to relieve them of this cyclical panic. Evictions are not currently being carried out because courts remain closed but renters who are late or missing […]
The New York COVID Rent Relief Program will provide eligible households with a one-time rental subsidy that will be sent directly to landlords. Tenants will not have to repay this assistance. The rental assistance payment will cover the difference between the household’s rent burden on March 1, 2020 and the increase in rent burden for […]
The Tenant Safe Harbor Act (“TSHA”) was signed into law by Governor Cuomo on June 30, 2020 to address the tidal wave of evictions looming over New Yorkers. Courts are prohibited from ever evicting residential tenants who experienced financial hardship for nonpayment of rent that accrues or becomes due during the COVID-19 State of Emergency. It would apply to any […]
As the New York court system expands operations in coordination with Governor Cuomo’s reopening of various geographic regions, there is concern about the adverse public health consequences that may arise from a sudden high-volume influx of eviction court appearances. Also, there are various restrictions on filing and prosecution of eviction matters still in force under […]
Victoria’s Secret is suing the landlord of its Midtown Manhattan, New York store for attempting to collect over $1.08 million in rent after the COVID-19 shutdown, claiming that: the lease is unenforceable due to the government-mandated closing of its store; the total standstill of business, commerce and everyday life in New York City has completely […]
Are you a current or new landlord about to rent out a property and want to know what documents landlords should use to protect themselves? Watch this video and then call our office for guidance. As an experienced Rochester Landlord Tenant Lawyer, clients often ask me about documents landlords should use The first is a […]
New York landlords, frustrated with Covid-19 eviction moratoriums, are taking the law into their own hands with unlawful lock-outs, utility shut-offs and other harassment of nonpaying tenants. New York’s Housing Stability and Tenant Protection Act of 2019 created new protections for tenants, including RPAPL § 768 which makes it a Class A misdemeanor for a […]
New York landlords have filed a lawsuit in U.S. District Court for the Southern District of New York against New York Governor Cuomo to nullify his executive order (“EO”) limiting evictions during the COVID-19 crisis. The EO imposes an additional moratorium on nonpayment evictions of residential or commercial tenants who are eligible for unemployment insurance […]
The New York State Bar Association (NYSBA) has convened a landlord-tenant working group that will help the New York’s courts deal with an anticipated surge in landlord-tenant disputes resulting from the Covid-19 crisis. With housing courts closed and a statewide moratorium on evictions in effect until Aug. 20, 2020 tenants and landlords are seeking alternative […]