Hardship Declaration Protection Applied to Delay Eviction in Class Action

Tenants brought a class action against landlord claiming improper deregulation of their apartments and rent overcharge. While the case was pending, the court ordered tenants to pay monthly use and occupancy pending a final ruling on what the legal rents should be. Landlord later asked the court to grant money judgments and judgments of possession, as well as writs of assistance, against two tenants who had failed to pay the required use and occupancy. The court granted the money judgments but denied judgments of possession, without prejudice. Landlord's request for a court order granting possession constituted an eviction proceeding for purposes of eviction moratorium protection under CEEFPA. Once tenants provided Hardship Declarations to the court in any pending eviction proceeding in which an eviction warrant or judgment of possession or ejectment hadn't been issued, the proceeding must be stayed until at least Jan. 15, 2022.

Casey v. Whitehouse Estates Inc.: Index No. 111723/2011, 2021 NY Slip Op 21245 (Sup. Ct. NY; 9/15/21; Lebovits, J)