EVICTION

Prior Owner and Occupant Didn't Qualify for CEEFPA Protection

October 27, 2021    

Hanspal, the prior owner of a building, had obtained a mortgage but defaulted on payments. The mortgagee obtained a judgment of foreclosure and sale. The new owner obtained judgments of possession against prior owner...

Tenants Who Didn't File Hardship Declaration Can't Delay Eviction

October 27, 2021    

Landlord sued to evict tenants for nonpayment of rent. The case was adjourned until May 2021 given COVID-19 pandemic closures, but an eviction warrant was then issued due to tenants' default and failure to file a...

Federal Appeals Court Rejects Landlords' Challenge to New NY Eviction Moratorium Law

October 27, 2021    

A group of landlords challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against plaintiff-landlords, who then filed an appeal to the...

Landlord Didn't Register Building or Comply with CEEFPA

September 28, 2021    

Landlord sued building tenants for breach of contract based on rent arrears, as well as property damage. Landlord also sought ejectment of tenants. The court granted tenants' request to dismiss the case. The...

U.S. Supreme Court Blocks Extension of Federal Eviction Moratorium by the CDC

September 27, 2021    

When a federal eviction moratorium law expired in July 2021, Congress didn't renew it. The Centers for Disease Control and Prevention (CDC) then imposed an administrative moratorium that covered residential...

State Court Administrative Order Extends Eviction Moratorium But Permits Challenges to Hardship Declaration

September 27, 2021    

On Sep. 8, 2021, the New York State Court System's Chief Administrative Judge issued AO 261/21, a number of restrictions applicable to residential and commercial eviction matters before the NY State Courts. Among...

New York State Legislature Extends Eviction Moratorium to Jan. 15, 2022

September 27, 2021    

On Sep. 2, 2021, Governor Hochul signed into law an extension of the residential and commercial eviction moratoriums through Jan. 15, 2022 (the Moratorium Extension). The new law gives landlords a mechanism to...

Tenant Can't Reopen Nonpayment Case

August 26, 2021    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, awarding possession and a money judgment for $10,183. Tenant then asked the court to reopen the case based on claimed newly...

U.S. Supreme Court Stops Enforcement of Tenant Self-Certification of Hardship Under CEEFPA

August 25, 2021    

A group of five landlords and one landlords' organization (plaintiffs) challenged New York's COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) in federal court. The lower court ruled against...

Family Member Wasn't Tenant Entitled to CEEFPA Hardship Declaration Protection

August 24, 2021    

A mother, who permitted her adult daughter to live in a house the mother owned, sued to evict her daughter from the premises. The daughter was a licensee who didn't pay rent. They signed a court-ordered...

Tenant Ineligible for CEEFPA Protection May Seek Relief Under Tenant Safe Harbor Act

August 24, 2021    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2019. Landlord obtained a default judgment and issuance of an eviction warrant in October 2019 based on tenant's failure to answer...

Westchester Court Applies CEEFPA Stay to Protect Occupant Who Wasn't Tenant

August 23, 2021    

Landlord sued to evict tenant in a holdover proceeding, and asked the court for an order directing tenant to post escrow and to pay ongoing use and occupancy. Landlord also asked the court for a judgment of...