CEEFPA Hardship Declaration Stayed Eviction Case Against Former Super

Landlord sued to evict former building super after terminating the super's employment. The super had never paid rent or use and occupancy while employed by the landlord. In response to the eviction petition, the super filed a Hardship Declaration under COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA), which stayed summary eviction proceedings until Aug. 31, 2021. Landlord asked the court to vacate the stay, arguing that the super wasn't a tenant and therefore wasn't covered by CEEFPA. The court ruled against landlord. A lease or privity of contract between landlord and a tenant wasn't required to be protected from eviction under CEEFPA. The definition of "tenant" under CEEFPA was intentionally broad as the legislature sought to avoid as many evictions as possible for those experiencing hardships during the pandemic. Since landlord sought use and occupancy (U&O) from the super while the case was pending, the CEEFPA definition of "tenant" applied here.

Tzifil Realty v. Mazrekaj: Index No. 89035/19, 2021 NY Slip Op 21163, NYLJ No. 1623926762 (Civ. Ct. Kings; 6/14/21; Capell, J)