The U.S. Supreme Court recently granted an injunction blocking enforcement of a New York anti-eviction law, finding that a key provision allowing tenants to attest to their pandemic-related hardship in order to prevent eviction violates landlords’ due process.
Under the New York state COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA), tenants in most circumstances could fill out a hardship form in order to pause or prevent an eviction case from proceeding against them. Yet the relevant part of the statute, Part A, is now blocked pending an appeal currently before the Second Circuit, the unsigned opinion states.
The opinion in Chrysafis v. Marks clears the way for landlords to pursue eviction through the courts in cases where a hardship form has been submitted. Siding with the landlord plaintiffs, the high court found that CEEFPA “generally precludes” plaintiffs from contesting a hardship form and, in doing so, denies their constitutional right to a hearing. Read more…
