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New York’s Emergency Rental Assistance Program states that pending applications to the primarily federally funded program pause all eviction proceedings, as long as the tenant is not found to be causing a persistent nuisance. New York is among several states to pause cases at least temporarily while such applications are being processed, to prevent premature evictions.
On Oct. 9, New York State Chief Administrative Judge Lawrence K. Marks issued a memorandum revising the procedure for addressing residential eviction proceedings. “All residential eviction matters—nonpayment and holdover, without regard to the date of commencement—may resume statewide, with certain important caveats,” the memo states.
On June 18, New York State Chief Administrative Judge Lawrence Marks issued a memo and two administrative orders regarding residential and commercial eviction proceedings. According to the memo, the court is concerned about the public health consequences from a “sudden high-volume influx of eviction matters.” The memo was released right before Governor Cuomo’s eviction moratorium entered a 60-day extension phase.
Due to the coronavirus, New York State has suspended eviction proceedings indefinitely. A memo issued by New York’s Chief Administrative Judge Lawrence Malks effectively suspended eviction proceedings and pending eviction orders until further notice.
In August 2018, the Appellate Division for the First Department ruled that, in the absence of fraud, there is a strict four-year lookback limit to calculate damages in rent overcharge cases where an apartment was incorrectly deregulated during the owner’s receipt of J-51 benefits. “This is a major decision for landlords,” says attorney Niles Welikson of Horing Welikson & Rosen, who represented the owner in this case.
On April 26, the New York State Court of Appeals handed down a landmark ruling in favor of rent-stabilized building owners by preventing them from having to re-regulate as many as 150,000 market-rate apartments. The Court unanimously reversed a 2015 decision of the Appellate Division, First Department in Altman v. 285 West Fourth LLC.
Back in December, an Upper West Side woman accused of earning thousands of dollars by renting her rent-controlled duplex on Airbnb was ordered to stop by a Manhattan judge. And in January of this year, apartment-sharing websites including Airbnb were taken to task by City Council members who argued that these companies compromise tenants’ safety, endanger an already limited housing stock, and flout state law.
In November, in a 5-2 vote, New York State’s highest court ruled that a lease for a rent-regulated apartment is a public benefit, just like disability or unemployment benefits, and cannot be seized as an asset in a personal bankruptcy.
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