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The Supreme Court on Thursday blocked part of New York's moratorium on evictions, put into effect because of the coronavirus pandemic, less than a month before it was supposed to expire anyway.
The legal issue is distinct from those surrounding a new moratorium that applies in most of the country that the Centers for Disease Control and Prevention imposed last week.
Over three dissenting votes, the court said New York could no longer enforce a provision that allows renters to stave off eviction by submitting a hardship declaration form that tells the state they lost income or had more expenses during the pandemic or that moving would harm their health. The pause on evictions expires at the end of August. The court's ruling allows some evictions to resume.
"This scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case,’” the court wrote in a brief, unsigned opinion.
The U.S. Supreme Court on Thursday lifted New York state’s ban on residential evictions during the COVID-19 pandemic, handing a victory to a group of small landlords that challenged a moratorium that had been slated to expire on Aug. 31.
The justices granted an emergency request by the landlords to lift the ban on eviction proceedings while litigation over the dispute continues. The nine-member court’s three liberal justices dissented from the decision.
A lower court in June rejected landlords’ argument that the moratorium violated their rights to due process of law and free speech under the U.S. Constitution.
Some landlords in the state could still could face another barrier. The U.S. Centers for Disease Control and Prevention on Aug. 3 issued a new 60-day federal moratorium on residential evictions to combat the spread of COVID-19, focused on jurisdictions with high infection rates.
First, I don't understand why the CDC has any say in this mater. Second, NYS has yet to distribute the funds the federal gov gave them for rent relief
Because a nationwide (if not worldwide) pandemic requires a federal response. How far that goes has never been tested since many laws were put in place well after the last major event, 1918 Spanish Flu pandemic.
That pandemic was made far worse by fact WWI had caused massive movements of people and military all over Europe. Military and others returning to USA from Europe (and moving around internally) likely spread Spanish Flu across the country.
CDC basically is claiming they have right to ban evictions because putting people out of their homes during a pandemic exposes them to possibility of infection. That of if the are already infected will spread the virus.
As for all that federal rent money, NYS isn't alone in doling it out. Many other states also have been very slow off the mark. Know people who applied in June and still haven't heard squat from NYS. Meanwhile they just continue to rack up month after month of unpaid rent.
Cuomo’s Rent Relief ‘Mess’ Awaits Hochul as Tenants and Landlords Unite Over Aid Bungle
Three weeks after Gov. Andrew Cuomo announced plans to fix the state’s troubled pandemic rent relief program, his administration has paid out less than 5% of the $2.7 billion available — infuriating tenants and landlords alike.
Though they’re united in their ire at the outgoing governor, building owners and residents are drawing battle lines over the fate of the state’s now legally shakey moratorium on evictions, which is set to end Aug. 31. Tenant groups are supporting an extension while landlords are pleading grave financial danger.
The dual crisis is likely to be dumped on the incoming governor, Kathy Hochul, when she takes office Aug. 24
“It’s a mess,” said Ellen Davidson, a lawyer at the Legal Aid Society monitoring the rent relief program.
Added Joseph Strasburg, president of the Rent Stabilization Association, which represents landlords: “Everyone is frustrated.”
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