SCOTUS overturns part of State’s eviction moratorium; Hochul vows to fight

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WASHINGTON DC –  The US Supreme Court on Thursday invalidated part of New York’s pandemic-related eviction moratorium.  As a result, the renters can no longer avoid eviction for non-payment by submitting a “hardship declaration” to the court in which the eviction proceeding would be heard.

Three Supreme Court Justices said that the hardship declaration, which the renter swears that they lost income or incurred additional expenses such as childcare during the pandemic cannot be enforced.  It also removes a tenant’s argument against eviction when they say a relocation would cause adverse health issues.

In the decision, the Supreme Court said “This scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case.”

The New York eviction moratorium is set to expire shortly after Lieutenant Governor Kathy Hochul becomes Governor.  On Thursday night, Hochul responded to the decision and said she looks forward “to working with the Legislature to quickly address the Supreme Court’s decision and strengthen the eviction moratorium legislation,” indicating that she will be working to stall the eviction process further.




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