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Covid-19 Eviction Moratorium Does Not Apply in Many “Post-Foreclosure Eviction” Situations

| Nov 25, 2021 | Landlord-Tenant |

In April 2021, Respondents in a Nassau County “post-foreclosure” eviction case filed a “Tenant’s Declaration of Hardship During the COVID-19 Pandemic” with the Court.

The Petitioner subsequently filed a Motion with the Court seeking to invalidate the Hardship Declaration on the basis that the protections afforded by the Emergency Eviction and Foreclosure Prevention Act (e.g. moratorium) should not apply to a former owner or other “non-paying” occupants of the Premises as none of the individual respondents had a leasehold/ownership interest, or had made payments of any kind, including for use & occupancy, since Petitioner became the owner of the premises following the foreclosure.

After analysis of the parties’ respective arguments, the Nassau County District Court held that the Respondents in this post-foreclosure eviction did not qualify for protection under the Act, either as a “tenant” or, alternatively, as a “lawful occupant” as, among other things, no payments had been made by the Respondents for quite some time.  The Court proceeded to issue a Judgment of Possession and Warrant of Eviction.

As of this writing, the Respondents have been formally evicted from the Premises by the Nassau County Sheriff.

See:  Diamond Ridge Partners LLC v. Hanspal, 2021 NY Slip Op 21250 – NY: Dist. Court, Nassau County, 1st Dist. 2021