New York’s eviction ban survives landlords’ appeals court challenge
With their due process claims dismissed and injunction request denied, a group of landlords may replead their case in the Eastern District of New York.
MANHATTAN (CN) — An appellate panel tossed out a group of New York landlords’ lawsuit challenging the state’s Covid-19 eviction moratorium — a case that had temporarily blocked the statewide ban after the Supreme Court weighed in on its constitutional merits.
New York state legislators tweaked the eviction stay after the Supreme Court ruling, which took issue with a provision that let tenants declare a financial hardship to avoid being evicted without having to offer proof to their landlord.
The adjustment was enough to render the plaintiff landlords’ due process claims as moot, a Second Circuit panel ruled on Wednesday.
“In this case, we cannot be certain how the new procedures in [the eviction ban] will be implemented in practice in the state courts or what administrative steps the Chief Administrative Judge of those courts might think are necessary, if any, to mitigate the alleged due process deficiencies in those procedures,” reads the 19-page order, penned by Senior U.S. Circuit Judge Jon O. Newman, a Jimmy Carter appointee.