Saturday, August 14, 2021

Eviction...

 



The high court’s order on Thursday blocks part of New York’s COVID Emergency Eviction and Foreclosure Prevention Act, passed last year, that allows tenants to self-certify that they’re experiencing economic hardship because of the pandemic. If they do so, eviction proceedings are effectively shut down till the end of this month.

The court’s majority signaled that the New York law was likely unconstitutional because landlords had no way to challenge a tenant’s claim to have been hard hit by the pandemic.

“If a tenant self-certifies financial hardship, [the law] generally precludes a landlord from contesting that certification and denies the landlord a hearing,” the high court’s order said. “This scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.”

It is a complex issue, to cancel eviction, with it to cancel mortgage, cancel heat cost, and cancel bank loans, which is destruction of everything.  Just a thought.

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