Aleksandra Rachwał

Eviction Moratorium in the New York State During the COVID-19 Pandemic

Introduction

Eviction moratorium in the new york state during the covid-19 pandemic. Analyzes NY State's COVID-19 eviction moratoria, examining legal solutions from all branches, their complexities, limitations, and effectiveness in protecting tenants amidst the pandemic.

Abstract

The work aims to analyze and compare the development of the legal solutions for the eviction crisis that were introduced during the COVID-19 pandemic in the New York State by each branch of the authorities. The issue will be studied by analyzing documents introduced by the legislature, executive branch and judiciary, dealing with the prohibition of evicting tenants from residential and commercial premises during the COVID-19 pandemic. The paper will analyze short-term solutions in the form of ordinances, as well as long-term solutions in the form of laws. Furthermore, it will try to demonstrate the minor contradictions, problems, and complexities involved with the bifurcation of the introduced legal solutions, and to show that eviction moratoria in the New York State did not provide total protection and assistance to tenants, as well as that their solutions were rather short-term. The paper will also present solutions from the federal level and compare them to state solutions in order to show the difference in approach. The article will also demonstrate that acting at the state and local level, on a smaller scale, is more effective because it is easier to reach a specific group of stakeholders. Moreover, a change in the nature of legal solutions introduced at the state level will be observed, which was caused by the change of a governor general of the New York State and the Supreme Court’s ruling that one of the laws was illegal — the paper will show how this ban was circumvented by the new state authorities.

Review

This paper proposes a timely and critical examination of the legal landscape surrounding eviction moratoria implemented in New York State during the COVID-19 pandemic. The core objective is to meticulously analyze and compare the varied legal solutions introduced by the legislative, executive, and judicial branches of authority. By focusing on both residential and commercial premises, and distinguishing between short-term ordinances and more enduring laws, the work promises a comprehensive overview of the policy responses to the unprecedented eviction crisis. Beyond a descriptive account, the abstract outlines several incisive analytical objectives. The study aims to uncover the inherent contradictions, problems, and complexities arising from the bifurcated nature of these legal solutions, arguing that despite their intent, the moratoria in New York State did not offer exhaustive protection and were largely short-term interventions. Furthermore, the paper plans to contextualize New York's approach by comparing it with federal-level solutions, highlighting differences in strategy and effectiveness. A particularly interesting aspect is the proposed demonstration that state and local-level actions are more effective due to their ability to reach specific stakeholders, and the analysis of how a change in state governance and a Supreme Court ruling influenced the nature of these solutions, including how a judicial ban was purportedly circumvented. Given the enduring impact of the pandemic on housing stability and legal frameworks, this paper holds significant academic and practical relevance. Its multi-faceted approach—examining inter-branch dynamics, federal-state comparisons, and the adaptability of state authorities in response to legal challenges—positions it to offer valuable insights into crisis policymaking and legal resilience. If executed thoroughly, this research will not only illuminate the specific challenges and nuances of New York's eviction moratoria but also contribute broadly to our understanding of the efficacy and limitations of emergency legal interventions, particularly in complex federal systems.

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