Category Archives: Landlord / Tenant Law

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

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 […]

Eviction moratorium extended, but tenant advocates call it a “cycle of panic”

Eviction moratorium extended, but tenant advocates call it a cycle of panic

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 NY Covid Rent Relief Program

The NY Covid Rent Relief Program

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 […]

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted

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 […]

NY Covid-19 Eviction Procedures

NY Covid-19 Eviction Procedures

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 Reveals Why it Can Barely Pay its Rent

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 […]

Documents Landlords Should Use

Documents Landlords Should Use

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 […]

NY Landlords Arrested For Unlawful Evictions

NY Landlords Arrested For Unlawful Evictions

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 […]

NY Landlords Sue To Annul Eviction Moratorium

NY Landlords Sue To Annul Eviction Moratorium

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 […]

Bar Association to Help Courts With Expected Surge in Evictions Due to Pandemic

Bar Association to Help Courts With Expected Surge in Evictions Due to Pandemic

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 […]