(c), Reuters. FILE PHOTO: Light from the sunset shines on the United States Supreme Court Building in Washington, D.C., U.S., May 13, 2021. REUTERS/Andrew Kelly
By Andrew Chung
(Reuters) -The U.S. Supreme Court on Thursday lifted New York state’s ban on residential evictions during the COVID-19 pandemic, handing a victory to a group of small landlords that challenged a moratorium that had been slated to expire on Aug. 31.
The justices granted an urgent request from the landlords to lift eviction proceedings’ ban while the litigation continues. The decision was rescinded by the three liberal justices of the nine-member court.
A lower court rejected the argument of landlords that the moratorium violated the rights to due process and freedom of speech under the U.S. Constitution.
Some landlords could still face another obstacle. The U.S. Centers for Disease Control and Prevention on Aug. 3 issued https://www.reuters.com/world/us/biden-announce-new-eviction-moratorium-new-york-times-2021-08-03 a new 60-day federal moratorium on residential evictions to combat the spread of COVID-19, focused on jurisdictions with high infection rates.
The New York dispute revolves around a December state law that prohibits any pending or new evictions. This was in response to tenants submitting a declaration of financial hardship or that moving would present a health risk. This law also protects small landlords against foreclosure.
The five New York landlords sued several officials to stop the law from being enforced after legislators extended its May expiration until the end of August. They claimed they were “pushed to the edge of disaster” despite other pandemic-related restrictions being eased. They claimed that despite all their tenants having stopped paying rent, some of them even before the pandemic, they were unable to proceed with evictions.
The suit argues that the New York eviction law violates their right to due process under the Constitution’s 14th Amendment because it allows a tenant’s declaration of hardship to deny them legal recourse.
The law also requires landlords provide the declaration form for tenants. They claim that this forces them to send a message they don’t support, in violation of their First Amendment rights to free speech.
Writing in discord, Justice Stephen Breyer, a liberal justice, stated that the burdens placed on landlords must be balanced against the hardships faced by tenants who will now face eviction proceedings sooner than anticipated. “I wouldn’t second-guess the political accountability officials’ decision on how to best ‘guard and defend’ New Yorkers in this instance,” he said. “
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https://www.investing.com/news/economy/us-supreme-court-lifts-new-yorks-pandemicrelated-eviction-ban-2588927, Investing.com
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source https://ihomenews.com/u-s-supreme-court-lifts-new-yorks-pandemic-related-eviction-ban/
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