Supreme Court Partially Lifts New York Eviction Ban

Agreed that due process was denied for landlords.

Last week, the Supreme Court issued an unsigned order to pause parts of New York’s eviction ban. A lawsuit brought by a trade association for property owners argued that the state of New York interfered with due process and property rights by saying that renters did not actually have to provide proof that they were in “financial hardship” in order to avoid eviction. The Court ruled in their favor in a vote of 6-3.

“If a tenant self-certifies financial hardship, [one part of the New York eviction law] generally precludes a landlord from contesting that certification and denies the landlord a hearing,” the majority wrote. “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.” The opinion also stated financial hardship may still be used as a defense by tenants who go to court.

As the Lord Leads, Pray with Us…

  • For the Supreme Court justices as they consider the constitutionality of laws and cases.
  • For federal and state legislators to do right both by tenants and landlords.
  • For wisdom for the president and his administration as they consider and implement policies.

Sources: Reuters, NPR


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