Supreme Court Blocks Part Of New York Eviction Ban, Incoming Governor Vows To Fight Decision

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Brianna Lyman News and Commentary Writer
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New York’s soon-to-be Democratic Gov. Kathy Hochul vowed Thursday to fight the Supreme Court’s decision blocking part of the state’s eviction ban.

“No New Yorker who has been financially hit or displaced by the pandemic should be forced out of their home,” Hochul tweeted. “As NY’s next Governor, I look forward to working with the Legislature to quickly address the Supreme Court’s decision & strengthen the eviction moratorium legislation.”

“I will work with our partners in the Legislature to help get the funding available to those in need as soon as possible,” she continued.

The Supreme Court issued an unsigned order Thursday lifting the state’s ban on residential evictions just weeks before the actual ban was set to expire. The order was in response to an emergency request by a group of landlords who sought to lift the ban on eviction proceedings while litigation continues.

State law, enacted in 2020 and extended through Aug. 31, allowed tenants to avoid eviction by declaring they suffered financial hardships due to the pandemic. Landlords argued the law violated their due process rights because it allowed tenants to stop eviction proceedings without any proof the pandemic has actually affected them financially and without allowing landlords to challenge their claims.

The ruling comes just three days after a federal district judge in Washington D.C., heard arguments challenging the Biden Administration’s federal moratorium on evictions, which could present another hurdle to New York landlords. (RELATED: ‘Not The Answer’: Landlords Slam Biden’s Eviction Moratorium Extension, Ask Federal Court To Intervene)

Legal experts familiar with the matter told the Daily Caller the federal eviction moratorium may not be constitutional and would be challenged in court.

“The new moratorium is likely unlawful,” Case Western Reserve University Law Professor Jonathan Adler told the Daily Caller. “We don’t need to reach any of the potential constitutional issues because it lacks statutory authorization. This will almost certainly be challenged in court, and I expect any such challenge to be successful.”