Chrysafis v. Marks, 21A8

CourtUnited States Supreme Court
Citation141 S.Ct. 2482
Decision Date12 August 2021
Docket NumberNo. 21A8,21A8
Parties Pantelis CHRYSAFIS, et al. v. Lawrence K. MARKS

141 S.Ct. 2482

Pantelis CHRYSAFIS, et al.
v.
Lawrence K. MARKS

No. 21A8

Supreme Court of the United States.

August 12, 2021


The application for injunctive relief presented to Justice SOTOMAYOR and by her referred to the Court is granted pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court.

This order enjoins the enforcement of only Part A of the COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA). 2020 N. Y. Laws ch. 381. That is the only relief applicants seek. See Case No. 2:21-cv-02516, ECF No. 1 at 9; Emergency Application for Writ of Injunction 7, 40. If a tenant self-certifies financial hardship, Part A of CEEFPA generally precludes a landlord from contesting that certification and denies the landlord a hearing. This scheme violates the Court's longstanding teaching that ordinarily "no man can be a judge in his own case" consistent with the Due Process Clause. In re Murchison , 349 U.S. 133, 136, 75 S.Ct. 623, 99 L.Ed. 942 (1955) ; see United States v. James Daniel Good Real Property , 510 U.S. 43, 53, 114 S.Ct. 492, 126 L.Ed.2d 490 (1993) (due process generally requires a hearing).

This order does not enjoin the enforcement of the Tenant Safe Harbor Act

141 S.Ct. 2483

(TSHA), which applicants do not challenge. 2020 N. Y. Laws ch. 127, §§ 1, 2(2)(a). Among other things, TSHA instructs New York courts to entertain a COVID-related hardship defense in eviction proceedings, assessing a tenant's income prior to COVID, income during COVID, liquid assets, and ability to obtain government assistance. § 2(2)(b). If the court finds the tenant "has suffered a financial hardship" during a statutorily-prescribed period, then it "shall [not] issue a warrant of eviction or judgment of possession." § 2(1).

Justice BREYER, with whom Justice SOTOMAYOR and Justice KAGAN join, dissenting from grant of application for injunctive relief.

The New York Legislature has passed two laws regulating evictions during the COVID–19 pandemic. The first is the Tenant Safe Harbor Act, which provides tenants who have "suffered a financial hardship during the COVID–19 covered period" with a defense in eviction proceedings. 2020 N. Y. Laws ch. 127, § 2.2.(a) (McKinney). The second is the COVID–19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA). CEEFPA simplifies the process for tenants to invoke financial hardship during the pandemic as a defense to eviction. Tenants who wish to assert the defense must provide a sworn attestation stating that they are experiencing financial hardship or health impacts as a result of the pandemic. 2020 N. Y. Laws ch. 381, pt. A, § 4. The attestation pauses eviction proceedings until the time that CEEFPA expires, namely the end of August 2021. §§ 2, 4, 6, 8; 2021 N. Y. Laws ch. 104 (establishing CEEFPA's August 31, 2021, expiration date). Pending eviction proceedings are stayed, new eviction proceedings cannot be...

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58 practice notes
  • Texas v. United States, Civil Action No. 6:21-cv-00016
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • August 19, 2021
    ...have used the pandemic to rationalize policies found to be unlawful or unconstitutional. See, e.g., Chrysafis v. Marks , ––– U.S. ––––, 141 S.Ct. 2482, 210 L.Ed.2d 1006, (U.S. Aug. 12, 2021) (enjoining the part of New York's COVID Emergency Eviction and Foreclosure Prevention Act that precl......
  • Rental Hous. Ass'n v. City of Seattle, 82469-4-I
    • United States
    • Court of Appeals of Washington
    • March 21, 2022
    ...it.¶71 The U.S. Supreme Court recently ruled that a similar New York law violates due process. Chrysafis v. Marks, 594 U.S. ––––, 141 S.Ct. 2482, 210 L.Ed.2d 1006 (2021). The New York law at issue in Chrysafis offered more procedural protections than the six month eviction extension does in......
  • Melendez v. City of N.Y., 20-4238-cv
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 28, 2021
    ...Court preliminarily enjoined CEEFPA's residential eviction moratorium on due process grounds, see Chrysafis v. Marks , ––– U.S. ––––, 141 S. Ct. 2482, ––– L.Ed.2d –––– (2021) (discussed infra at 1043 n.76). On September 2, 2021, the New York State legislature extended foreclosure and evicti......
  • Heights Apartments, LLC v. Walz, 21-1278
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • April 5, 2022
    ...guidance that is instructive regarding our standard of review during public health crises. See, e.g., Chrysafis v. Marks, 594 U.S. ––––, 141 S. Ct. 2482, 210 L.Ed.2d 1006 (2021) (enjoining part of New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act due to alleged due proce......
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26 cases
  • Melendez v. City of N.Y., No. 20-4238-cv
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 28, 2021
    ...Court preliminarily enjoined CEEFPA's residential eviction moratorium on due process grounds, see Chrysafis v. Marks , ––– U.S. ––––, 141 S. Ct. 2482, ––– L.Ed.2d –––– (2021) (discussed infra at 1043 n.76). On September 2, 2021, the New York State legislature extended foreclosure and evicti......
  • Melendez v. City of New York, 20-4238-cv
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 28, 2021
    ...the Supreme Court preliminarily enjoined CEEFPA's residential eviction moratorium on due process grounds, see Chrysafis v. Marks, 141 S.Ct. 2482 (2021) (discussed infra at 101 n.76). On September 2, 2021, the New York State legislature extended foreclosure and eviction protections through J......
  • 192 Morgan Realty, LLC v. Aquatorium, LLC, 20 CV 3627 (RPK)(RML)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • November 3, 2021
    ...moratorium - because it precluded a landlord from contesting a tenant's self-certification of financial hardship. Chrysafis v. Marks, 141 S.Ct. 2482 (2021). The Court held that Part A violated the “longstanding teaching that ordinarily ‘no man can be a judge in his own case' consistent with......
  • Pri Villa Ave., L.P. v. Cocchia, L & T Index No. 43955/19
    • United States
    • New York Civil Court
    • September 10, 2021
    ...was marked submitted on August 31, 2021, enforcement of CEEFPA was enjoined by the Supreme Court in Chrysafis v.Marks, 594 U.S. ––––, 141 S.Ct. 2482, 210 L.Ed.2d 1006 (2021). Thereafter, the New York State Legislature revived and reiterated the sections of CEEFPA relevant to this argument. ......
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