COVID-19 Update: Governor Cuomo Extends Eviction Protections For Small Businesses That Demonstrate A Financial Hardship - Real Estate and Construction mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
Highlights
Federal judges in Texas and Ohio declared unenforceable a September 2020 order issued by the U.S. Centers for Disease Control and Prevention (CDC) that prohibits certain residential evictions because of COVID-19 through March 2021.
The U.S. District Court for the Eastern District of Texas found that while there may have been a public health benefit, the residential eviction moratorium was not economic in nature, was too attenuated from interstate commerce and was an unprecedented exercise of federal government authority in an area well within the scope of the states traditional police power.
The U.S. District Court for the Northern District of Ohio found that the CDC s order exceeded the agency s statutory authority to make and enforce regulations to stop the spread of communicable diseases between states because that authority was limited to actions to address infected animals, objects or properties.
Tuesday, March 16, 2021
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. This act, however, did not provide any extensions of the moratorium on commercial evictions and foreclosures originally provided by Executive Order 202. The latest extension of the commercial ban (pursuant to Executive Order 202.91) expired on February 22, 2021. On February 22, 2021, Governor Cuomo issued Executive Order 202.95, which generally continued “the suspensions and modifications of law and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202” for thirty days until March 24, 2021. Other than this blanket extension, commercial eviction and foreclosing protections had not been addressed.
COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship | Cadwalader, Wickersham & Taft LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
The state legislature is set to extend the eviction
moratorium on small businesses and landlords with fewer than 10 apartment units
through May.
Governor Andrew Cuomo announced that the he has reached a
deal with the legislature to expand the COVID-19 Emergency Protect Our Small
Businesses Act which he first introduced by executive order at the height of
the pandemic.
Since being stripped of his emergency powers as he grapples
with accusations of sexual harassment and his administration’s role in
allegedly covering up nursing home deaths, Cuomo has to seek the legislature’s
approval for any legislative changes.
“New York has gone to extraordinary lengths to protect