Despite the approval of 109 new adult-use business licenses Feb. 16, New York’s legal cannabis program continues to face criticism, including backlash that the requirement retailers be 1,000 feet apart is a barrier,...more
A newly-enacted amendment to the New York General Business Law is designed to reduce delays in final payments to contractors, limit the amount of the contract sum (“retainage”) that can be withheld by and revises the...more
In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United States Supreme Court’s (SCOTUS) recent invalidation of certain provisions of New York...more
The U.S. Supreme Court (SCOTUS) has again determined that the Centers for Disease Control and Prevention (CDC) lacks the authority to institute a nationwide prohibition of evictions under the guise of preventing the...more
A federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that was scheduled to expire on July 31, 2021, has recently been extended, but faces some serious challenges and is causing...more
On Tuesday May 4, 2021, Governor Cuomo signed an extension of the “COVID-19 Emergency Protect Our Small Businesses Act of 2021” (collectively, the “Act”) prohibiting residential and commercial evictions, foreclosure...more
5/7/2021
/ Commercial Leases ,
Commercial Mortgages ,
Coronavirus/COVID-19 ,
Credit Discrimination ,
Eviction ,
Foreclosure ,
Governor Cuomo ,
Landlords ,
Moratorium ,
New York ,
Residential Leases
In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evictions and foreclosures through May 1, 2021. On March 9, 2021, the Governor’s desires...more
3/12/2021
/ Borrowers ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Governor Cuomo ,
Landlords ,
Lenders ,
New Legislation ,
New York ,
Tenants
In a February 25, 2021 decision, U.S. District Judge J. Campbell Barker found that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (“CDC”) exceeds the scope of its constitutional...more
The New York State Legislature has adopted legislation (S.9114 / A.11181) which extends the moratorium on residential evictions to more than one year from the initial Executive Order 202.8 in March of 2020, through May 1,...more
12/30/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Extensions ,
Foreclosure ,
Governor Cuomo ,
Homeowners ,
Landlords ,
Property Owners ,
Re-Opening Guidelines ,
State and Local Government ,
State Legislatures ,
Tenants
By Executive Order 202.70, New York Gov. Andrew Cuomo has further extended – through Jan. 1, 2021 – the moratorium prohibiting the initiation of a proceeding or enforcement of (i) an eviction of a commercial tenant for...more
10/26/2020
/ Commercial Leases ,
Commercial Mortgages ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Foreclosure ,
Governor Cuomo ,
Landlords ,
Moratorium ,
New York
New York Gov. Andrew Cuomo has extended the Tenant Safe Harbor Act through Jan. 1, 2021 to protect residential tenants suffering financial hardship “as we recover from this crisis." In contrast, the hardship for owners, who...more
A recent challenge to the constitutionality of Gov. Andrew Cuomo’s Executive Order 202.28 in Elmsford Apartment Associates, LLC et al. v. Andrew Cuomo (U.S. District Court for the Southern District of New York, Case No....more