The Supreme Court Blocks New York’s Eviction Moratorium

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It’s Monday.

Weather: Partly cloudy with a high in the low 80s, turning mostly cloudy tonight with a slight chance of showers.

Alternate-side parking: In effect until Sept. 6 (Labor Day).

Credit…Ed Jones/Agence France-Presse — Getty Images

Last week, the United States Supreme Court blocked a key section of New York State law that prevented evictions from taking place during the pandemic, clearing the way for thousands of cases to move forward.

The section in question was the core of the state’s eviction moratorium and barred cases from proceeding if a tenant submitted a form declaring that they had experienced economic hardship because of the pandemic.

Landlords said they had no legal recourse to challenge that declaration, even if the tenant’s claim was false, allowing people to take advantage of state rules to remain in landlords’ properties. The court sided with the landlords, arguing that the provision violated due process.

“This scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case,’” the court said.

[Landlords and tenants in New York are charting the path forward after the Supreme Court struck down the core piece of the state’s eviction moratorium.]

Does this mean people will get evicted?

Probably yes. But how many people and how quickly those cases proceed remain open questions.

That’s in part because there are other measures — none nearly as broad as the measure that was struck down — that are meant to prevent struggling renters from being evicted.

A separate state law, the Tenant Safe Harbor Act, prevents courts from evicting tenants who could not pay rent during the pandemic because of financial hardship. That law, however, does not prevent cases from being filed and does not prevent evictions for reasons other than unpaid rent — and tenants must prove their claim in court.

A new federal eviction moratorium also remains in effect, covering most of New York including all of New York City, until Oct. 3, although that measure is also on shaky legal ground. There is a lot of confusion about how to implement it, and some evictions appear to be taking place around the country anyway.

New York also prevents people from being evicted if they have applied for rent relief from the state. About 170,000 households have applied as of last week, state officials said, though the pace of rental payments has been slow and people have had trouble with an error-prone state application website.

What’s the response?

Landlord groups have said the ruling gives them a fair say in court, and they point to the other ways tenants can defend themselves.

But housing advocates said they were worried that the ruling could drive many people to leave their homes voluntarily upon receiving an eviction notice. The advocates also worried about large numbers of people being exposed to eviction if they owed rent from before the pandemic or if their cases were based on claims other than unpaid rent.

And the mere filing of evictions lawsuits can cause problems for tenants for years, even if they win their cases.

What happens next?

It remains to be seen how renters and landlords will proceed in the aftermath of the Supreme Court’s ruling.

State lawmakers could pass a new measure that conforms to the Supreme Court’s ruling, one that might essentially allow landlords a hearing on a tenant’s claim of hardship.

Lt. Gov. Kathy Hochul, who is set to become governor after Gov. Andrew Cuomo leaves office amid a sexual harassment scandal, said that she wanted to work with lawmakers to “quickly address the Supreme Court’s decision and strengthen the eviction moratorium legislation.”

From The Times

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Michael Thomas, Writer and Bête Noire of the Moneyed Class, Dies at 85

Want more news? Check out our full coverage.

The Mini Crossword: Here is today’s puzzle.

What we’re reading

A woman who has accused Governor Cuomo of inappropriate behavior criticized lawmakers for not pushing forward with impeachment. [NBC New York]

A subway train operator let a woman he was apparently romantically involved with drive the D Train through several stations in Brooklyn, the police said. [N.Y. Post]

A woman tried to push a man onto the tracks at a subway station in Times Square in an unprovoked attack, the police said. [1010 WINS]

And finally: So much for “hot vax summer”

The Times’s Alyson Krueger writes:

For much of this summer, Dylan Fogarty, 28, the director of academic partnerships for an education start-up, has been having a blast in Fire Island Pines: hosting pool parties at his four-bedroom house, making new friends at the Low Tea bar and dancing at the Pavilion club till dawn to pop songs by Lady Gaga and Dua Lipa.

But when he got off the ferry two weeks ago, he saw something he hadn’t seen for almost two months: a coronavirus testing site.

That wasn’t the only thing that had changed. Some people were wearing masks on the boardwalk again, hosts were asking guests if they had been vaccinated and the bouncers at clubs and bars were once again screening for vaccination cards at the door.

“It’s because of the Delta variant,” Mr. Fogarty said. “All it takes is for one person in one room, and it spreads. I am always happy to show my proof of vaccination, and I’m glad a lot of places did it last weekend.”

So much for the much-heralded “hot vax summer.” The rise of the Delta variant is putting the kibosh on partying in traditional summer hot spots, like Fire Island, the Hamptons, Provincetown, Mass., and New York City.

Months after people thought they had left the pandemic behind, they are masking up in indoor clubs, getting tested before sharing a house, scaling back their social circles and partying like it’s 2020 again. Even President Barack Obama significantly scaled back his 60th birthday party on Martha’s Vineyard.

It’s Monday — back to square one.

Metropolitan Diary: Waiting

Dear Diary:

I was pacing First Avenue on a summer night. The object of my affection should have been finished with her shift at Sloan Kettering 20 minutes earlier. I hadn’t seen her in two weeks, and my impatience was getting the better of me.

An older woman was pushing a small grocery cart up the sidewalk. Even in the midst of my angst, I noticed her staring at me with a grin that could best be described as cherubic.

We made eye contact briefly, and I remember thinking, “This is all I need.”

The hospital doors had opened fruitlessly a few more times when I felt a hand on my arm.

Startled, I jerked my head around to find the woman with the cart smiling up at me.

“You’re waiting for your sweetie,” she whispered.

“Yeah,” I said.

Just then, the doors opened again and there was my sweetie. She jumped into my arms. I’d never been so happy in my whole life.

The woman was forgotten, but only briefly. I’d like her to know we’ve been married for 10 years.

— Ty Heck

Illustrated by Agnes Lee. Read more Metropolitan Diary here.

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