Federal Court Dismisses Landlord Case Seeking CEEFPA Injunction

Five landlords sued the New York State Attorney General (AG) in federal court in February 2021, challenging the constitutionality of Part A of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA), which automatically stays eviction proceedings if tenants file Hardship Declaration forms. Landlords sought an injunction against implementation or enforcement of related provisions of the CEEFPA while their case was pending. Landlords argued that the CEEFPA requirements denied them due process and free speech, while handing too much power to the courts. The AG in turn asked the court to dismiss the case for lack of subject matter jurisdiction. The court denied plaintiffs' motion for a preliminary injunction and granted the AG's request to dismiss the case. The court found that the AG wasn't a proper party to the lawsuit under the 11th Amendment to the U.S. Constitution, and had a duty to enforce the CEEFPA. The case was dismissed without reaching the merits of landlords' claims.

Chrysafis v. James: 21-cv-998, 2021 U.S. Dist. LEXIS 72602, 2021 WL 1405884 (EDNY; 4/14/21; Seybert, J)