Eviction of Nuisance Tenants Delayed Under CEEFPA

Landlord sued to evict tenants, claiming that they were committing a nuisance. The court ruled for landlord, who proved tenants were causing a nuisance. While tenants were still in the apartment, the CEEFPA went into effect at the end of December 2020. Under this law, since tenants declared hardship they couldn't be evicted until May 1, 2021. Landlord argued that because it had been determined that tenants created a nuisance, the CEEFPA stay of eviction didn't apply. But the court ruled that landlord could prove entitlement to vacate the CEEFPA stay of eviction only if he could prove tenants engaged in proscribed conduct on or after Dec. 29, 2020. Landlord admitted that tenants didn't deny access to the apartment on or after Dec. 28, 2020. So tenants didn't fall under any exception to the CEEFPA stay and couldn't be evicted until after May 1, 2021.

Editor's Note: After this case was decided, the eviction moratorium was extended through Aug. 31, 2021.

Schwesinger v. Perlis: 2021 NY Slip Op 21043, NYLJ No. 1617741077 (Civ. Ct. NY; 4/1/21; Stoller, J)