On November 29, 2021, the Eastern District of New York in Chrysafis et al v. Marks et al, No. 21-CV-02516, rejected landlords’ request for a preliminary injunction against New York’s revised COVID-19 Emergency Eviction and Foreclosure Prevention Act (CEEFPA). If you would like advice and guidance regarding this decision, Lester Bleckner & Shaw is here to help. Additional information on the decision below:
The plaintiff-landlords argued that the threshold needed to challenge the law is “illusory” because landlords must swear, under penalty of perjury, that they have a good-faith belief that a tenant’s financial hardship claims are false, and “landlords typically lack access to the information necessary to make such an attestation.” Judge Gary Brown rejected the argument, citing the fact that the plaintiffs made numerous prior statements in court (under penalty of perjury) that their tenants’ hardship claims were false and suffered no negative consequences.