Chrysafis v. Marks, No. 21-1493 (2d Cir. 2021)Annotate this Case
Landlords challenged Part A of New York’s residential eviction moratorium statute, the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA), and attempted to challenge the new residential eviction moratorium, (Subpart C(A) 2021), enacted in Sept. 2021, after several provisions of the old moratorium statute expired. The Supreme Court enjoined enforcement of Part A 2020 on August 12, 2021, based on due process defects.
The Landlords argued that Subpart C(A) 2021 did not remedy the defect but is merely a continuation of the previous statute. State officials sought dismissal of the appeal as moot, arguing that the challenged provisions of the old statute have expired, Subpart C(A) 2021 does remedy the defect identified by the Supreme Court, and any challenge to the 2021 provisions must be brought in a new lawsuit.
The Second Circuit concluded that the due process claims are moot, dismissed them, and remanded the case. With the appeal remanded, the court concluded it lacked jurisdiction to enjoin enforcement of Subpart C(A) 2021. The “mootness is attributable to a change in the legal framework,” so the Landlords “may wish to amend their complaint so as to demonstrate that the repealed statute retains some continuing force or to attack the newly enacted legislation.”