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Supreme Court Finds Use of Hardship Declarations to Bar Residential Evictions Inconsistent with Landlords’ Due Process Rights

Client memorandum | August 16, 2021

On August 12, 2021, the United States Supreme Court issued an important ruling in Chrysafis v. Marks regarding New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act (“CEEFPA”), which was enacted in December 2020 to address residential evictions and foreclosures.  While the Supreme Court ruled on the constitutionality of certain procedures applicable to residential evictions, the decision potentially has broader applicability to residential foreclosures, as well as commercial evictions and foreclosures.

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