Law360: NY Atty Confusion, Concern Around New Virus Eviction Rule

By Emma Whitford
May 13 ,2020

Attorneys for both tenants and landlords in New York have their eyes set on June 20, as they try to plan for a new executive order from Gov. Andrew M. Cuomo amending rules for commercial and residential evictions during the coronavirus pandemic.

The order, effective for 60 days starting in late June, is narrower than the current pandemic eviction moratorium, a blanket order barring all residential and commercial evictions. Some attorneys fear it could prompt a chaotic deluge of filings.

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This could be particularly challenging for small businesses, according to Paula Segal, a senior staff attorney at TakeRoot Justice.

“Small business leases often have a clause in them that makes nonpayment of rent a default that terminates the lease,” she said.

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