Cuomo re-ups commercial eviction ban

Executive order made no mention of residential evictions

New York /
Dec.December 14, 2020 12:22 PM
Gov. Andrew Cuomo (Getty; iStock)

Gov. Andrew Cuomo (Getty; iStock)

Landlords hoping to rid themselves of non-paying commercial tenants will have to wait a little longer.

In an executive order issued Dec. 11, Gov. Andrew Cuomo extended New York’s ban on commercial evictions and foreclosures through Jan. 31, 2021. The ban was set to expire at the end of this year. Cuomo has repeatedly extended the ban, but cannot do so for more than a month at a time.

There are still some avenues for landlords stuck with non-paying tenants to seek recourse. As was the case with the previous bans, the restrictions apply only to foreclosures and evictions due to non-payment. Commercial evictions initiated before March 17 have been able to proceed since Sept. 4.

The governor’s order made no mention of residential evictions, which are subject to limits through the end of the year. Currently, the Tenant Safe Harbor Act allows landlords to seek money judgments from residential tenants rather than an eviction, as long as the tenant can demonstrate financial hardship as a result of the pandemic.

The TSHA does not prevent the filing of residential evictions, however. Between June and November 2020, there have been 28,490 eviction filings in New York City — a little less than half the usual amount of eviction filings. Only a handful of evictions have been executed in New York City, although evictions are ramping up elsewhere in the state.

Although the legislature has largely taken a subordinate role to Cuomo during the state’s response to the pandemic, Democratc lawmakers have signaled that could change.

According to political sources, the state Senate intends to take action before the end of the year to extend limits on residential evictions. In order for the state legislature to do so before Christmas, a bill would need to be crafted and printed by the end of this week.





    Related Articles

    arrow_forward_ios
    146-08 181st Street in Queens (Google Maps)
    Flooded, arrested, assaulted: A landlord’s horror story
    Flooded, arrested, assaulted: A landlord’s horror story
    According to the Center on Budget and Policy Priorities, around 11.5 million Americans were behind on rent last month. (Getty)
    Four landlords allegedly pushed out 5,000 renters during moratorium
    Four landlords allegedly pushed out 5,000 renters during moratorium
    The landlord's home in South Ozone Park (Google Maps)
    Terrorized in her own home, Queens landlord says her hands are tied
    Terrorized in her own home, Queens landlord says her hands are tied
    Housing courts are rolling back pandemic-era allowances for tenants wishing to sue landlords over repairs, harassment. (iStock)
    Housing court kills e-filing tool, reinstates fee for tenants who sue landlords
    Housing court kills e-filing tool, reinstates fee for tenants who sue landlords
    Supreme Court Justices Elena Kagan and Brett Kavanaugh (Getty)
    Supreme Court declines to lift CDC eviction ban
    Supreme Court declines to lift CDC eviction ban
    UBS CEO Ralph Hamers (Getty, ING Group / Sander Stoepker)
    UBS Group going hybrid as workers return
    UBS Group going hybrid as workers return
    Austin, Texas saw pricing of 5 to 9 percent above asking in the first six months of the year. (iStock)
    Big city homebuyers are paying above asking prices
    Big city homebuyers are paying above asking prices
    (iStock illustration by Kevin Rebong for The Real Deal)
    Morgan Stanley bans unvaccinated staffers from offices
    Morgan Stanley bans unvaccinated staffers from offices
    arrow_forward_ios

    The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

    Loading...