Judge: Gov. Cuomo�s Eviction Suspension Is Constitutional

New York Gov. Andrew Cuomo acted constitutionally by temporarily banning evictions because of the coronavirus, a judge ruled Monday.

U.S. District Judge Colleen McMahon said in a written decision that the eviction moratorium issued in a series of order beginning in March does not violate the First Amendment rights of three Westchester County landlords who sued the state.

�At bottom, provisions ensure that landlords will be made whole while their tenants are facing extraordinary financial hardships,� McMahon said.

The judge noted that Cuomo�s order, which blocks evictions until Aug. 19, occurred as the United States suffered more than any other country in a world confronting the deadliest pandemic in over a century.

Cuomo, a Democrat, issued orders blocking evictions for three months and allowed tenants to use security deposits toward rent.

McMahon, the court�s chief judge, acknowledged that New York state�s eviction process was �a slow, cumbersome and extremely tenant-favorable process.�

But she said there was nothing permanent about the order and it preserves the right of landlords to evict or sue tenants for back rent.

�And, finally, the Order neither reduces the amount a tenant must pay their landlord for occupying the apartments, nor forgives the tenant�s rental obligations altogether, thereby allowing them to live on the landlord�s property rent free,� she wrote.

The judge said the landlords who sued had offered only a �vague allegation that the landlords are owed back rent by some of their tenants� and were not precise enough about security deposit allegations to show there has been a constitutionally significant economic impact.

Attorney Mark Guterman, who represented the landlords, said he�ll consult with his clients about their options, which include appealing McMahon�s ruling and filing a similar action in state court.

�We believe what the governor has done is essentially to rewrite New York law,� he said. �The governor doesn�t have right to do that under the New York state constitution.�

Guterman said more than half of the tenants covered by the landlords he represents are paying rent, but New York state favors tenants to such a degree that it�s difficult to recover money from those who refuse to pay.

�Where else have you seen the governor say to an industry: �You foot the bill,� he said.

The lawyer said the difficulty for landlords will arise soon when tax bills are due and some might not be able to afford them.

A message seeking comment was left for a lawyer for the state attorney general�s office.

Edward Josephson, director of litigation at Legal Services NYC, which filed legal papers in the case on behalf of tenants, said in a statement: �We hope this ruling will discourage further �constitutional� attacks on reasonable emergency measures aimed at controlling the epidemic and its economic fallout.

(AP)