Real estate is a business. Those in that business need tenants' rent to pay their own expenses and keep the enterprise financially solvent. This is especially the situation in the high-cost area of the New York Metro suburbs.
So, it was expected that landlords would push back on Andrew Cuomo's order to extend the moratorium on evictions to August 19th and other provisions.
The result was the litigation filed in White Plains, New York (Westchester County) "Elmsford Apartment Associates. et al. v. Cuomo." The two key objections were against the ability to evict and permission for tenants to use their security deposit for rent.
Well, for now, the landlords are out of luck in requesting a summary judgment.
Law.com reports that U.S. District Chief Judge for the Southern District of New York - Colleen McMahon - ruled that the federal court did not have the jurisdiction to determine if Cuomo violated NY state law in extending the May 7th moratorium through August 19th. She denied the plaintiff's request for summary judgment and granted the defendant's request for summary judgment.
Here is a copy of the opinion. Note that it starts out with describing the severity of the pandemic, particularly in the U.S. That could be taken as this: The legal system will factor in this unusual situation in its rulings.
The plaintiffs indicate that they are considering appealing to the U.S. Court of Appeals for the Second Circuit.
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