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 continuing headaches for residential and commercial landlords.

Of course, the extension of the federal moratorium was of little concern to New York landlords, who remain obligated to support defaulting tenants pursuant to State legislation, including the COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA) and the COVID-19 Emergency Protect Our Small Businesses Act of 2021 (EPOSBA). Tenant-protections under those acts are set to expire on August 31, 2021. These protections are so far-reaching that they apparently extend to the absurd situations of commercial properties which have been effectively abandoned by their business tenants, but not voluntarily surrendered. In such instances, landlords are left with no legal recourse to regain possession of their properties; although the landlord’s obligation to carry the expenses associated with such property continues unabated.

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