On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more
9/30/2021
/ Coronavirus/COVID-19 ,
Due Process ,
Eviction ,
Financial Distress ,
Foreclosure ,
Infectious Diseases ,
Landlords ,
Moratorium ,
New Legislation ,
New York ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business ,
Statutory Authority ,
Tenants
On September 2, 2021, New York Governor Kathy Hochul signed into law a new moratorium on evictions and foreclosures for residential tenants and small businesses. Recently, in the case Chrysafis v. Marks, the U.S. Supreme...more
9/7/2021
/ Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Foreclosure ,
Infectious Diseases ,
Landlords ,
Moratorium ,
New Legislation ,
New York ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business ,
Tenants
On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...more
9/2/2021
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Landlords ,
Rent ,
Rental Property ,
Retailers
On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more
8/30/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Motion to Vacate ,
Relief Measures ,
Rent ,
Rental Property ,
SCOTUS ,
Statutory Authority ,
Tenants
On August 3, 2021, the Centers for Disease Control and Prevention issued a new order banning residential evictions in counties where COVID-19 cases are quickly rising. The CDC’s prior order instituting an eviction moratorium...more
8/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Eviction ,
Financial Distress ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Popular ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...more
8/3/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Motion to Vacate ,
Relief Measures ,
Rent ,
Rental Property ,
SCOTUS ,
Statutory Authority ,
Stays ,
Tenants
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). ...more
7/2/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Denial of Certiorari ,
Eviction ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Relief Measures ,
Rental Property ,
SCOTUS ,
Tenants
The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more
6/3/2021
/ Breach of Contract ,
Commercial Leases ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Counterclaims ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Gap Inc ,
Infectious Diseases ,
Lease Termination ,
Non-Essential Businesses ,
Rental Property ,
Retailers ,
Summary Judgment ,
Unjust Enrichment
On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...more
6/2/2021
/ Commercial Tenants ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Foreclosure ,
Infectious Diseases ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rental Property ,
Small Business ,
State and Local Government
On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of...more
5/12/2021
/ Centers for Disease Control and Prevention (CDC) ,
Chevron Deference ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Enforcement Authority ,
Eviction ,
Infectious Diseases ,
Interstate Commerce ,
Landlords ,
Moratorium ,
Relief Measures ,
Rental Property ,
Statutory Interpretation ,
Stays ,
Tenants
On May 5, 2021, New York Governor Andrew Cuomo signed a bill that extends the moratorium on evictions and foreclosures for residential tenants and small businesses to August 31, 2021. The previous moratorium expired May 1,...more
5/6/2021
/ Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Foreclosure ,
Governor Cuomo ,
Infectious Diseases ,
Landlords ,
Moratorium ,
New Legislation ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more
4/1/2021
/ Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Eviction ,
Failure To Pay ,
Financial Distress ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Public Health ,
Relief Measures ,
Rental Property ,
Risk Mitigation ,
Scope of Authority ,
Tenants
In December, New York Governor Andrew Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which provided a moratorium on residential eviction and foreclosure proceedings until May 1, 2021....more
On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more
As the COVID-19 pandemic unfolded upon New York City, policymakers grappled with impossible decisions regarding how to protect public health and stave off economic ruin for individuals, businesses and the economy at large....more
12/7/2020
/ Anti-Harassment Policies ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Due Process ,
Failure To Pay ,
Financial Distress ,
First Amendment ,
Free Speech ,
Harassment ,
Infectious Diseases ,
Landlords ,
Relief Measures ,
Rental Property ,
State and Local Government ,
Tenants
In response to the coronavirus pandemic, the federal government, as well as many States, have enacted eviction and foreclosure moratoriums in an effort to keep homeowners and renters in their homes and slow the spread of...more
9/4/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Public Health ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants