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Landlords Sue New York AG, Arguing COVID-19 Eviction Moratorium Is Unconstitutional

Gibson, Dunn & Crutcher partners Akiva Shapiro and Randy Mastro, who are representing the landlords, argued that issues with the tenants began months before the pandemic reached New York, but the landlords have been unable to take action because of the statewide restrictions on eviction.

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New York State Attorney General Letitia A. James delivered opening remarks at a Brownfield/Superfund 2019 Update program co-sponsored by the Environmental & Energy Law Section and the Environmental Law Committee of the New York City Bar Association...David J. Freeman, right, a Director in the Real Property and Environmental Law Department at Gibbons joined the Attorney General on the podium...The program took place on Thursday, December 12th, 2019 at the New York City Bar Association. ..(Photo by David Handschuh/NYLJ). New York State Attorney General Letitia A. James delivered opening remarks at a Brownfield/Superfund 2019 Update program co-sponsored by the environmental and energy law section and the environmental law committee of the New York City Bar Association. Photo: David Handschuh/NYLJ

A group of small New York state landlords sued Attorney General Letitia James in federal court Wednesday, arguing that New York’s COVID-19 eviction moratorium law is unconstitutional.

Gibson, Dunn & Crutcher partners Akiva Shapiro and Randy Mastro, who are representing the landlords, argued that some of their clients’ tenants are tens of thousands of dollars behind in rent. In some cases, Shapiro and Mastro wrote, issues with the tenants began months before the pandemic reached New York, but the landlords have been unable to take action because of the statewide restrictions on eviction.

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Jane Wester

Jane Wester

Jane Wester is a litigation reporter for the New York Law Journal. Email her at [email protected] or find her on Twitter @janewester.

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