On June 29, 2020, a U.S. federal court ruled in favor of New York Governor Andrew Cuomo on a challenge brought to an eviction moratorium enacted in response to the COVID-19 pandemic.  Landlords, Elmsford Apartment Associates, tried to challenge the relief measure which limits evictions for non-payment of the rent during the COVID-19 crisis alleging that this restriction violates landlords’ rights under federal law. The Court ruled that even though Governor Cuomo might have overstepped his authority, it lacks jurisdiction to reach the merits of the state law questions raised by plaintiff.  Accordingly, Executive Order 202-28 remains intact and commercial and residential evictions remain barred until August 20, 2020.  However, the Court added that nothing in Executive Order 202-28 diminishes the tenants’ responsibility to pay the amount due and owing under the lease, nor the landlords’ right to enforce contracts.  A copy of the Executive Order can be viewed here.

A copy of the Court’s decision in Elmsford Apartment Associates et al. v. Cuomo can be viewed here.