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 or benefits under state or federal law or otherwise facing financial hardship due to the COVID-19 pandemic for a period of sixty days beginning on June 20, 2020. The landlords claim that the EO violates their due process rights under the 14th amendment and constitutionally protected right against takings. The EO also allows tenants to use their security deposits for the payment of rent.
Because the EO prevents them from commencing any eviction proceedings for nonpayment of rent, the landlords claim that they are deprived of the full value of their properties. They argue that they are obligated to pay their own carrying costs and other expenses, including taxes, even though their tenants cannot be evicted for nonpayment of rent.
Recent Posts
Condo Association Can’t Limit Weight of Emotional Support Animal
In Players Place II Condominium Association, Inc. v. K.P, the New Jersey Supreme Court on [...]
Landlord Sexual Harassment of Section 8 Tenants
The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) conducts [...]
NY Landlord Attorneys Pay $650k for Frivolous Lawsuits
New York Attorney General Letitia James secured more than $650,000 from debt collection law firm, [...]
NY Source of Income Antidiscrimination Law Ruled to be Unconstitutional
In People vs. Commons West, LLC, the Cortland County New York Supreme Court ruled the [...]
New York Landlord 2024 Legal Compliance Update
Feb 6, 2024 – Landlords and property managers will learn how to comply with federal, state [...]
9 Common Mistakes to Avoid With Emotional Support Animals
Attorney Robert Friedman contributed a fantastic article to RENT Magazine to help landlords avoid legal [...]
NY Landlords and Sellers Must Disclose Flood Risks
Due to unprecedented rainfall and disastrous flooding, New York laws require that sellers of residential [...]
Landlord Can Reject ESA if Other Tenants Are Allergic
Karen Cohen has a medically documented severe allergy to pet dander that causes nasal congestion, [...]