BROOKLYN, N.Y. (Legal Newsline) – Landlords have been brought to the brink of financial and emotional disaster, a new lawsuit says, thanks to New York’s ban on evictions during the COVID-19 pandemic.
Plaintiffs sued state Attorney General Letitia James, in her official capacity, on Feb. 24 in Brooklyn federal court over the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The state, like others, has banned evictions while families struggle to make rent during the pandemic.
CEEFPA is unconstitutional in at least five significant ways, the lawsuit says. Listed first is an allegation that it compels property owners to disseminate government messages with which they disagree.
“Property owners must distribute ‘hardship declaration’ forms drafted by the government to tenants…” the suit says. “In these forms, tenants are invited to take advantage of the eviction moratorium by checking a box stating… that the tenant is ‘experiencing financial hardship’ and therefore ‘unable to pay’ the rent owed due to COVID-19, or that vacating the premises would pose a ‘significant health risk.’”
Landlords must also hand out legal service providers who help tenants seeking to avoid eviction, the suit says, calling it compelled speech.
The suit also claims CEEFPA is vague, violates property owners’ procedural due process rights and violates the delegation of power under the state Constitution.