New York State enacted legislation including foreclosure and eviction moratoriums to protect certain tenants and mortgagees in the wake of the COVID-19 pandemic. As of December 2020, to qualify for such protections, residential and qualifying commercial tenants/mortgagors were required to attest to their COVID-related hardship to take advantage of the protections. In August of this year, the US Supreme Court holding in Chrysafis et al. v. Marks found that such protections violated an owner’s due process rights if the tenant had a unilateral ability to stay the proceedings. Accordingly, on September 2, 2021, Governor Kathy Hochul signed into law an extension of the current COVID-related residential and commercial eviction moratoriums for New York State which currently remains in effect until January 15, 2022, and provides owners and mortgagor’s with the ability to challenge a claimed COVID-related hardship under the current laws.
Our expert panel will address the current moratoriums in place for residential and commercial evictions and foreclosures, as well as address how the moratoriums have evolved over time, the questions left unresolved by current legislation and some experiences in litigating those issues.
Faculty: Melissa A. Peña and Kim M. Weber, Norris McLaughlin, P.A.
Moderator: Dean Roberts, Norris McLaughlin, P.A.