Supreme Court Strikes Key Provision Of New York's Anti-Eviction Law

• Published date: 18 August 2021
• Law Firm: Morrison & Foerster LLP
• Author: Mr Mark S. Edelstein and Jeffrey J. Temple

On August 12, 2021, the United States Supreme Court agreed on procedural due process grounds to halt enforcement of part of New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the "Act"), which is set to expire in less than two weeks (Pantelis Chrysafis, et al. v.Lawrence K. Marks, 594 U.S. __ (2021)). Notably, the Court's 6-3 decision rests on an argument that the landlord plaintiffs first made in late February: that Part A of the Act unconstitutionally deprives landlords of their due process rights, since it allows tenants to avoid eviction by self-certifying COVID-19-related hardship without also affording the landlords an opportunity to contest those...