New York landlord asks the court to stop the state from suspending evictions
July 27, 2021
New York Governor Andrew Cuomo declared the end of the state’s disaster emergency in June, but state law extended the state’s ban on deportation to August. (Shinya Suzuki via flickr)
Tell the judges that “the door of the court has been barred from entering the landlord in New York”, “it has been more than 16 months, and it is still increasing,” A group of New York landlords ask the Supreme Court Prevent the country from suspending evictions when the COVID-19 pandemic begins. The federal district court rejected the landlord’s challenge, and the U.S. Court of Appeals for the Second Circuit rejected the landlord’s request to suspend the suspension during the appeal, prompting the landlord to submit an urgent application to the Supreme Court on Tuesday afternoon.
New York has issued a moratorium that allows tenants to declare in 2020 that they have suffered “economic hardship” due to the pandemic, thereby avoiding eviction; the moratorium has now been extended to August 31, 2021. The landlord — they wrote that they “faced’significant hardship’ because of the moratorium” — argued that the moratorium violated their due process rights, allowing tenants to suspend without any evidence that they were harmed by the pandemic During the eviction process, the landlord did not have any opportunity to challenge their claims.The situation is Chrysafis v. Score.
The landlords pointed out that New York Governor Andrew Cuomo (D) recently announced that the state’s “disaster emergency” has ended. The landlords argued that New York cannot declare that the pandemic is over and the economy is reopening, but at the same time rely on the pandemic to maintain the ban on evictions.
The ban also violates the First Amendment, the landlord continued, because it requires them to provide tenants with forms and information about the suspension, even if it is against their own interests.More broadly, the landlord argued that the Court of Appeal erroneously concluded that the Supreme Court’s 1905 decision Jacobson v. Massachusetts The court is required to comply with emergency public health measures.
The landlord’s request was made less than a month later The Supreme Court rejected the request of a group of Alabama real estate agents Prevent the federal suspension of deportations. Justice Brett Kavanaugh provided a key vote in the case; he agreed with the real estate agent’s opinion that the Federal Centers for Disease Control exceeded its authority when issuing the injunction, but he worked with Chief Justice John Roberts and the court The three liberal judges voted together to maintain the ban, because the ban is about to expire soon.
The request of the New York landlord was passed to Judge Sonia Sotomayor, who was responsible for handling urgent appeals from the Second Circuit. Sotomayor can decide on the request itself or submit it to the full court.
This article is Originally published in Howe on the Court.