Supreme Court of the United States Temporarily Lifts Part of New York’s Eviction Moratorium

Arun Perinbasekar

On August 12, 2021, in a 6-3 decision in favor of Landlords, the United States Supreme Court issued an injunction against enforcement of Part A of the COVID Emergency Eviction and Foreclosure Prevention Act (“CEEFPA”). Part A of CEEFPA permitted tenants to file a self-certified COVID-19 hardship declaration which generally was not subject to challenge and prevented landlords from obtaining Court dates.

Ultimately, it is unclear at this early juncture how the Housing Court will implement this decision, but the Supreme Court’s decision does establish that there can be no automatic stay of eviction proceeding due to the simple filing of a COVID hardship declaration. As a result, landlords should be able to commence actions, file petitions, and obtain court dates. However, the Supreme Court’s decision does not prevent a tenant from raising defenses based on COVID-19.

Nothing in the Supreme Court’s decision affects stays that may be imposed based on the filing of Emergency Rental Assistance Program (“ERAP”) applications.

Finally, it is noted that the stay of eviction proceeding based upon the filing of COVID-19 hardship declarations was set to expire on August 31, 2021 regardless.

If you have a pending matter, or intend to commence a proceeding, please contact our office regarding your case.

 
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