New York’s eviction moratorium still stands, court rules

Three landlords in Westchester County claimed Gov. Andrew Cuomo’s ban was unconstitutional

TRD New York /
Jun.June 30, 2020 11:00 AM
A federal judge in New York has rejected claims by three landlords in that Gov. Andrew Cuomo’s eviction moratorium violates their rights. (Getty)

A federal judge in New York has rejected claims by three landlords in that Gov. Andrew Cuomo’s eviction moratorium violates their rights. (Getty)

The eviction moratorium is here to stay.

That was the message from U.S. District Judge Colleen McMahon, who this week threw out a lawsuit challenging Gov. Andrew Cuomo’s order prohibiting evictions up to August 19.

The lawsuit, filed by three Westchester landlords earlier this month, sought to block the ban, arguing it was unconstitutional.

But McMahon rejected the claims, according to Bloomberg.

“As long as the order is in place, tenants will continue to accrue arrearages, which the landlord will be able to collect with interest once the order has expired,” the judge wrote. “Furthermore, landlords will regain their ability to evict tenants once the order expires.”

She also pointed to regulations already in place.

“Prior to the order, millions of tenants in this state avoided ever-increasing rents, as well as the threat of immediate eviction, thanks to rules limiting a landlord’s ability to extract the maximum value from their properties,” she said. “Plaintiffs knew that they operated as landlords under those rules.”

Cuomo is facing a separate challenge to the moratorium from a group of New York City landlords, who filed their claim in federal court in Manhattan earlier this month. [Bloomberg] — Sylvia Varnham O’Regan


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