Oss
Member
Posts: 12591
The lower Hudson Valley
Ossining NY Chapter Rep VRCCDS0141
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« on: August 12, 2021, 04:40:41 PM » |
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I got a feed that said SCOTUS knocked out the NY eviction ban 6-3
But more disturbing is just ONE client is willing to pay me to go to court to force NYC Civil court to calendar my cases with appearance dates I have had 12 rejected since aug 1st and no dates assigned There is no plan to hear cases even if you are being threatened with death by a squatter, not even a lawful occupant
I asked 500 a person from people losing 2000 plus a month and still people wont pony up If they dont care why should I
I have just read the text it is a TRO pending appeal Lets see if NYS tries to extend the ban
Money has nothing to do with my cases and I am pissed at the dissent which says basically someone can rape you if it is only temporary
here is the order of judge sotomayer (surprise !)
Cite as: 594 U. S. ____ (2021) 1
BREYER, J., dissenting
SUPREME COURT OF THE UNITED STATES _________________
No. 21A8
_________________
PANTELIS CHRYSAFIS, ET AL. v.
LAWRENCE K. MARKS
ON APPLICATION FOR INJUNCTIVE RELIEF
[August 12, 2021]
The application for injunctive relief presented to JUSTICE
SOTOMAYOR and by her referred to the Court is granted
pending disposition of the appeal in the United States
Court of Appeals for the Second Circuit and disposition of
the petition for a writ of certiorari, if such writ is timely
sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event
the petition for a writ of certiorari is granted, the order shall
terminate upon the sending down of the judgment of this
Court.
This order enjoins the enforcement of only Part A of the
COVID Emergency Eviction and Foreclosure Prevention
Act (CEEFPA). 2020 N. Y. Laws ch. 381. That is the only
relief applicants seek. See Case No. 2:21-cv-02516, ECF
No. 1 at 9; Emergency Application for Writ of Injunction 7,
40. If a tenant self-certifies financial hardship, Part A of
CEEFPA generally precludes a landlord from contesting
that certification and denies the landlord a hearing. 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. In re Murchison, 349 U. S.
133, 136 (1955); see United States v. James Daniel Good
Real Property, 510 U. S. 43, 53 (1993) (due process generally
requires a hearing).
This order does not enjoin the enforcement of the Tenant
Safe Harbor Act (TSHA), which applicants do not challenge.
2 CHRYSAFIS v. MARKS
BREYER, J., dissenting
2020 N. Y. Laws ch. 127, §§1, 2(2)(a). Among other things,
TSHA instructs New York courts to entertain a COVIDrelated hardship defense in eviction proceedings, assessing
a tenant’s income prior to COVID, income during COVID,
liquid assets, and ability to obtain government assistance.
§2(2)(b). If the court finds the tenant “has suffered a financial hardship” during a statutorily-prescribed period, then
it “shall [not] issue a warrant of eviction or judgment of possession.” §2(1).
JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and
JUSTICE KAGAN join, dissenting from grant of application
for injunctive relief.
The New York Legislature has passed two laws regulating evictions during the COVID–19 pandemic. The first is
the Tenant Safe Harbor Act, which provides tenants who
have “suffered a financial hardship during the COVID–19
covered period” with a defense in eviction proceedings.
2020 N. Y. Laws ch. 127, §2.2.(a) (McKinney). The second
is the COVID–19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA). CEEFPA simplifies the process for tenants to invoke financial hardship during the
pandemic as a defense to eviction. Tenants who wish to assert the defense must provide a sworn attestation stating
that they are experiencing financial hardship or health impacts as a result of the pandemic. 2020 N. Y. Laws ch. 381,
pt. A, §4. The attestation pauses eviction proceedings until
the time that CEEFPA expires, namely the end of August
2021. §§2, 4, 6, 8; 2021 N. Y. Laws ch. 104 (establishing
CEEFPA’s August 31, 2021, expiration date). Pending eviction proceedings are stayed, new eviction proceedings cannot be filed, and outstanding eviction warrants cannot be
executed until that date. 2020 N. Y. Laws ch. 381, pt. A,
§§2, 4, 6, 8. Eviction proceedings may resume after August
31, 2021.
Only CEEFPA is before us. Applicants, five New York......."
So I will do it for my client who was by my side for 12 weeks while I protested in front of Bx Supreme Court I think Gordon Lucky 13 is taller than this man showing once again grit is not measured by height or weight but by one's heart
As Highbinder said once to me, a true friend is one who, if you ask him to go back for ammunition during a firefight, you know he will return with the goods
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