New York Landlords Want Supreme Court to End Eviction Moratorium
The eviction moratorium that was put in place earlier this year by the New York State legislature and New York Governor Andrew Cuomo is set to end on August 31, 2021. However, it appears that is still too long for a group of New York landlords who are looking to end the moratorium sooner.
According to a report from WKBW-TV, a non-profit landlord trade group and a collection of landlords who are mostly from New York City have filed a lawsuit in the United States Supreme Court and are seeking an emergency injunction with the ultimate goal of ending the New York State eviction moratorium that is going to end in just about a month.
In their request to the Supreme Court, they allege that the law that enacted the eviction moratorium is unconstitutional and the landlord's rights of due process are being continually violated by letting the moratorium continue.
It is indisputably clear that CEEFPA (COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020) deprives Applicants of their due process rights with respect to these core property interests, because it fails to provide any process at all. Once a tenant submits a hardship declaration in a pending proceeding—including one commenced before the pandemic—the proceeding “shall be stayed” until at least August 31, 2021.
-Randy M. Mastro, Attorney of Record for Landlords
Rental Assistance is Available for Tenants in New York State
Using funds that New York State has received from the various federal stimulus plans, more than $2 billion is available to assist renters who have been negatively impacted by COVID-19 with catching up on their past due rent and utility payments.
The New York State Emergency Rental Assistance program can assist with up to 12 months of past-due rent, 3 months of future rent, and 3 months of past-due utilities for qualified applicants.
Assistance is Also Available for Landlords in Buffalo
In addition to the rental assistance that is available for all qualified tenants in New York State, the City of Buffalo also created an assistance program for homeowners and landlords who have been impacted by COVID-19 with their mortgage payments.
The STAND Up Buffalo program can assist qualified homeowners with up to 6 months of mortgage payments, along with providing free professional guidance if they need to negotiate another solution with their mortgage company.
Advocates Expect Flood of Evictions When Moratorium Ends
Local housing advocates are extremely fearful of the flood of evictions that may be coming when the eviction moratorium ends in August. It's estimated that more than 21,000 renters in Erie County alone are behind on their rent, according to an article from Patch.
The looming eviction crisis only further placed a magnifying glass on the housing crisis in Buffalo. We must not only support tenants but also small hometown landlords as we navigate these uncertain times. My administration has a real plan that protects renters and supports landlords.
-India Walton, Democratic Nominee for Buffalo Mayor
Only time will tell what's going to happen next, but whatever is decided we are in for some tough times.