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Supreme Court Blocks Enforcement Of NY Anti-Eviction Law law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.
Breyer Dissents as Supreme Court Blocks N.Y. Eviction Relief lawandcrime.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawandcrime.com Daily Mail and Mail on Sunday newspapers.
RSA’s Joseph Strasburg and Judge Lawrence Marks (Getty, Strasburg via Jeffersons Siegel) One day after a judge struck down the federal eviction ban, a landlord lobby is taking aim at New York’s statewide moratorium. The Rent Stabilization Association filed a suit Thursday challenging the constitutionality of the law, which Gov. Andrew Cuomo just extended through Aug. 31. The case seeks an injunction against the ban. RSA, which represents 25,000 landlords, alleges that the law violates landlords’ first amendment rights by requiring them to distribute a hardship declaration form that forces them to voice their support for the moratorium. It marks the third legal attempt by landlords against the state eviction ban in the past year. The most recent try a February filing by five landlords against New York Attorney General Letitia James took a near identical approach. The suit was thrown out in April, on the grounds that James wasn’t the proper party to the a ....
James BROOKLYN, N.Y. (Legal Newsline) - Landlords hoping to block a New York statute preventing them from evicting tenants who aren’t paying rent were rebuffed by a federal court that agreed New York Attorney General Letitia James couldn’t be sued over the law. The AG argued she doesn’t have a direct role in enforcing the COVID-19 Emergency Eviction and Foreclosure Prevention Act, or CEEFPA, which protects tenants against eviction if they submit forms declaring various hardships associated with the pandemic, including loss of income or a concern they will be exposed to the disease if forced to leave their home. ....
Five small landlords, represented by Randy Mastro, have sued New York attorney general Letitia James (Getty) Five small landlords have sued New York attorney general Letitia James, arguing that the new blanket moratorium on evictions is unconstitutional. Attorneys for the plaintiffs allege that the hardship declaration form, which landlords are now required to send their tenants, is “unconstitutional compelled speech,” because it forces landlords to voice support for a policy that is “squarely adverse” to their interests. The lawsuit, filed Wednesday in federal court in New York’s Eastern District, lays out how five small landlords each of whom owns only a few units have been impacted by non-paying tenants. ....