Two New Jersey universities have escaped claims that they owe students tuition and refunds for switching to virtual instruction during the pandemic, a top New York judge is among those opposing landlords trying to overturn statewide eviction protections, and a Southwest Airlines flight attendant seeks to preserve her suit alleging the airline's failure to adhere to coronavirus safety protocols caused her to contract the virus and infect her late husband.
First filed
RSA and CHIP had their lawsuit locked and loaded when Gov. Andrew Cuomo signed off on the rent law in June 2019. They filed just two weeks later with an argument that would become the basis of suits to follow.
The rent law violates the U.S. Constitution’s Fifth and Fourteenth Amendments, their complaint argued. Specifically, a “takings clause” in the Fifth Amendment bars governments from seizing private property without compensating owners the RSA suit argues that rent regulation, which targets one group to pay for the benefit of others, amounts to just that.
By largely restricting owners from refusing new leases, the law also violates the Fourteenth Amendment’s due process clause, the suit alleges, because the government can’t hinder property owners from keeping people off their property. Another violation of due process, the case claims, is that the law is arbitrary and irrational.
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Lenders, mortgage servicers, and other financial institutions should take note that New York State passed legislation extending the protections set forth in the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act of 2021 to August 31, 2021. Thus, the requirements and stays with respect to residential and commercial foreclosures and evictions imposed by the legislation remain effective through August 31, 2021.
On May 4, 2021, Governor Cuomo signed a bill extending both (i) the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “EEFPA”);[1] and (ii) the COVID-19 Emergency Protect Our Small Businesses Act of 2021 (“SBA”), to August 31, 2021[2] (S.6362-A/A.7175-A) (the “Extended Act”). The purpose of the Extended Act, which is effective immediately, is to maintain protections prohibiting residential and commercial evict
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Landlords in New York have sued the state to block the recent extension of a moratorium on commercial and residential evictions through August. The hold on evictions was set to expire this month.
The extension prevents landlords from kicking out tenants who have missed rent payments due to financial hardship from the pandemic.
Several landlords, including the Rent Stabilization Association of New York City, say there is no basis for the extension, with vaccine rollout in full swing, and the state set to fully reopen later in the month.
The same landlords had first sued New York Attorney General Letitia James, but the case was rejected since the Attorney General’s office is not responsible to enforce evictions.