Insight

Landlord Laws, Tenant Moratoriums; Where We Are Now

Landlord Laws, Tenant Moratoriums; Where We Are Now

Adam Leitman Bailey

Adam Leitman Bailey

August 5, 2021 09:38 AM

The Adam Leitman Bailey, P.C. landlord-tenant attorneys have been navigating the constant flow of changing laws and Executive Orders under COVID19 to serve tenants with notices and bring tenants to court, getting landlords their rents in spite of the eviction moratoriums.

ADAM BAILEY

These moratoriums, in one form or another, have been at all levels of government, federal, state, and city and all three branches of government: executive, legislative, and judicial.

Here is an update on the state of the landlord tenant practice in New York State as of October 1, 2020.

Federal Moratorium

The Federal moratorium has small New York impact. On September 2, 2020, the Centers for Disease Control issued a declaration banning evictions in residential buildings. It does not apply where there is equal or greater local government tenant protection. This moratorium expires on December 31, 2020, but as we shall see, for the most part, New York’s tenant protections are greater. The Federal ban only applies to eviction by reason of nonpayment of persons with an income of $99K per year or less. The burden is on the tenant to establish entitlement to the protection.

State Moratoriums

The State Legislature passed two major laws on this. Executive Law 29-a gives the governor the power to suspend laws for no longer than 30 days. However, Governor Cuomo has been using this power without the Legislature’s involvement to modify laws and to create brand new laws for longer than 30 days. At least one judge has ruled this illegal. The other is the “Tenant Safe Harbor Act” (L. 2020 Ch. 127) which was not enacted into the Consolidated Laws, making it difficult to find. This too is a law that Governor Cuomo amended on his own. Under this law, if a residential tenant has a financial hardship during COVID, and raises and proves it as a defense, there can be no eviction during the covered period which is now, by Executive Order, extended through December 31, 2020. This law only bars evictions. The landlord can still get a money judgment and pursue the tenants’ assets.

By Executive Order, the Governor directed, “There shall be no initiation of a proceeding or enforcement of either an eviction of any residential or commercial tenant, for nonpayment of rent … rented by someone … facing financial hardship due to the COVID-19 pandemic …” However, when the Tenant Safe Harbor Act passed, the governor lifted the restrictions on residential evictions from that order. However, he has continued through December 31, 2020 the restrictions on commercial nonpayment proceedings and for residential proceedings, the restrictions found in the Tenant Safe Harbor Act. This means that you can proceed with evictions proceedings in either Housing Court or State Supreme Court, but in Housing Court your case will be adjourned into 2021 and in State Supreme Court, you can process the case, but cannot yet get an actual eviction until at least January 1, 2021.

The Courts

The Chief Administrator of the Courts has suspended all landlord-tenant cases filed in the New York City Civil Court since the onset of the pandemic. No date has been given when these cases will ever be heard. Thus, New York City Civil Court is not realistically available for any new landlord-tenant cases.

Ejectment Actions, Replenishment Notices, Self Help Evictions

For residential cases, we have been serving rent demands. For commercial cases, we have looked to other provisions in the leases that avoid the Governor’s prohibition on nonpayment cases and have brought those, even though they are ultimately based on the tenant’s not paying rent. Chief amongst these have been provisions allowing a landlord to draw down security for nonpayment of rent and then demand the tenant replenish the security. This sets the landlord up for bringing a case.

DOV TREIMAN

All the cases we bring, we bring in State Supreme Court. These have included ordinary nonpayment proceedings that we have specially adapted, holdover proceedings we have specially adapted, and ejectment actions.

“Ejectment actions” sound unfamiliar to most landlords, but they are centuries old evictions proceedings and are familiar enough to Supreme Court judges that these judges do not look for ways to throw the case out, claiming that it should be brought in the Civil Court. In normal times, they are much slower than ordinary nonpayment proceedings, but in the current crisis, they are much faster and have been getting the case in front of a judge in a month, unlike the year’s delay likely in the Civil Court. These cases have, for the most part, brought the tenants to the table and made them realize that if they are going to stay in business at all, they are going to have to make some arrangements for paying their rent. Some few of these cases are still being litigated in the courts, although we are bringing new ones every week. If need be, we can speed them along with summary judgment motions since the tenants have no legal defenses to paying rent.

When the lease has specifically provided for it, we have successfully utilized peaceful self-help evictions.

Original Article

Adam Leitman Bailey, P.C.

Related Articles

Maximizing Your Investment in Real Estate Development with Legal Expertise


by Best Lawyers

Best Lawyers evaluates the various types of real estate development projects and why hiring legal expertise could maximize the outcome of your investment.

Wooden house cut outs in a shopping cart with a blue backdrop

How Real Estate Transactions in the Residential Sector Work


by Best Lawyers

Discover how real estate transactions in the residential sector work with this guide. Learn about the stages, parties involved and legal requirements.

Man looking at houses on computer

House Trap


by Heidi E. Storz

Special districts are often being used as profit centers that leave residents to foot the bill. These homeowners deserve protection from unscrupulous developers who attempt to fleece them and avoid accountability.

Special Districts Changing Property Ownership

Announcing the 2022 Best Lawyers: Real Estate and Infrastructure Publication


by Best Lawyers

Featuring the top legal talent from The Best Lawyers in America, Best Lawyers: Ones to Watch in America and "Lawyer of the Year" recipients for real estate and infrastructure as well as thought leadership from some of the nation's top lawyers.

Real Estate and Infrastructure Publication

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

Is New Always Better?


by Janice Zhou

The rapid rise of gentrification in major cities leaves residents wondering.

Road facing bridge at sunset

Gimme Shelter


by Janice Zhou

Being able to afford housing in Boston, and other desirable cities like it, is increasingly out of reach for too many. What can be done, legally and politically, to combat the problem?

Housing Shortage in Boston

Great Rebuild


by Best Lawyers

Néstor Méndez discusses labor peace, junk-bond repercussions, and the laudable resilience of those who call this storm-battered island home.

An Interview With Pietrantoni Méndez & Alvare

WATCH: Best Lawyers Discusses COVID-19 & Rental Agreements


by Best Lawyers

Three legal experts join the CEO of Best Lawyers to talk about a general approach to “the rental” market and what happens if tenants can’t pay rent in May.

COVID-19 Panel: Rental Agreements

Impact of Climate Change on Real Estate Law


by Best Lawyers

Dr. Christian Schede discusses rent in large cities, the effect of Airbnb, and more.

An Interview With Greenberg Traurig

Property Rights...and Wrongs


by Steven S. Kaufman and Chad Cooper

Winning a legal battle often boils down to finding and targeting the weakest part of an opponent’s case. Four recent real estate disputes in northeast Ohio are good examples.

Strategies for Real Estate Litigation

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Key Issues to Tackle on Law Firm Landing Pages


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers