{"id":2050,"date":"2020-12-02T15:09:26","date_gmt":"2020-12-02T15:09:26","guid":{"rendered":"https:\/\/council.nyc.gov\/press\/?p=2050"},"modified":"2020-12-02T15:09:26","modified_gmt":"2020-12-02T15:09:26","slug":"speaker-johnson-announces-dismissal-of-lawsuit-challenging-commercial-and-residential-protection-laws-during-covid-19-pandemic","status":"publish","type":"post","link":"https:\/\/council.nyc.gov\/press\/2020\/12\/02\/2050\/","title":{"rendered":"Speaker Johnson Announces Dismissal of Lawsuit Challenging Commercial and Residential Protection Laws During COVID-19 Pandemic"},"content":{"rendered":"

\u00a0U.S. District Court Judge Ronnie Abrams ruled that the legislation\u00a0does not violate\u00a0the constitutional\u00a0rights\u00a0of the plaintiffs\u00a0<\/em><\/p>\n

The City Council won a legal challenge to\u00a0several\u00a0bills designed to protect residential and commercial tenants during the pandemic. The lawsuit was brought by landlords who argued that the three bills, which were part of a COVID-19 relief package\u00a0for\u00a0New Yorkers, violated\u00a0their constitutional\u00a0rights.\u00a0\u00a0\u00a0<\/p>\n

The District Court for the Southern District of New York rejected the property owners’ claim by ruling that the actions taken by the Council to combat COVID-19 and help New Yorkers were reasonable to balance the infringement of contractual rights versus public interest needs in the middle of this pandemic.\u00a0\u00a0\u00a0<\/p>\n

Judge Ronnie Abrams stated that \u201cthe Court cannot conclude that these three challenged laws violate any of Plaintiffs\u2019 constitutional rights.\u201d She granted the Council\u2019s motion to dismiss the\u00a0claims and\u00a0denied the plaintiffs\u2019 motion for a preliminary injunction. The full ruling can be read\u00a0here<\/a>.\u00a0\u00a0Two of the laws, the \u201cResidential Harassment Law\u201d and the \u201cCommercial Harassment Law,\u201d prohibit landlords from threatening and harassing commercial or residential tenants affected by the COVID-19 pandemic. The third law, known as the \u201cGuaranty Law,\u201d\u00a0prohibits enforcement of personal liability provisions in commercial leases and rental agreements involving certain COVID impacted tenants.\u00a0The bills<\/a>\u00a0were passed\u00a0on May 13, 2020.\u00a0\u00a0<\/p>\n

\u201cThis is a major victory for small business owners who need protection from landlords during this unprecedented time. Restaurants and small businesses are the backbone of our economy, and they are struggling to keep afloat in this pandemic. They should not have to worry about harassment or the loss of their homes because of the economic hardships this virus has caused their businesses. It’s unfortunate that any landlord would try to fight our attempt to help small business\u00a0owners,\u00a0but we are\u00a0thrilled\u00a0that the court ruling allows us to\u00a0continue to\u00a0protect struggling New Yorkers during this difficult time,”\u00a0said Council Speaker Corey Johnson<\/strong>.\u00a0<\/p>\n

\u201cJudge Abrams\u2019\u00a0decision today is a legal victory for the thousands of restaurants and small businesses across New York City that are on the verge of closure and can seek protection from further loss and damages because of my law temporarily suspending personal liability provisions in commercial leases. It’s clear that this decision shows the law advances a legitimate public interest during this time of grave national emergency, and I am not only confident that the law will hold up to any additional appeals if they occur, but that my law will help save countless other businesses while we beat back the COVID-19 pandemic,\u201d\u00a0said Council Member Carlina Rivera<\/strong>, lead sponsor of Local Law 55 of 2020.\u00a0\u00a0<\/p>\n

\u201cThe legislation passed by the City Council represents the City\u2019s dedication to the many small businesses, impacted by COVID-19, that are the backbone of New York City\u2019s economy.\u00a0 Our businesses are\u00a0hurting\u00a0and these protections will allow them the opportunity to thrive in the future. I applaud the court\u2019s ruling to uphold these vital laws,\u201d\u00a0said Council Member Adrienne Adams.<\/strong>\u00a0\u00a0<\/p>\n

\u201cHarassment and retaliation against COVID-19 impacted tenants pose an urgent risk, and tenants must be protected against unscrupulous landlords during these extremely difficult and uncertain times. That is why I sponsored\u00a0Local Law 56 and I am happy that\u00a0Judge Abrams\u00a0upheld it,\u201d\u00a0said Council Member Ritchie Torres.<\/strong>\u00a0\u00a0<\/p>\n

\u201cWe\u2019re extremely pleased that the Federal Court recognized the legality of this critically important new law, as we argued it should. In successfully defending this first in the nation COVID-19 relief bill, the City of New York saved thousands of businesses, tens of thousands of jobs, and provided sensible protections for small business owners while helping save them from personal financial ruin. We commend the de Blasio Administration, Speaker Johnson and Council Member Rivera for enacting and vigorously defending this pandemic protection law successfully,\u201d\u00a0said Andrew\u00a0Rigie, Executive Director and Robert Bookman, Counsel, New York City Hospitality Alliance<\/strong>.\u00a0<\/p>\n

###<\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0U.S. District Court Judge Ronnie Abrams ruled that the legislation\u00a0does not violate\u00a0the constitutional\u00a0rights\u00a0of the plaintiffs\u00a0<\/em><\/p>\n

The City Council won a legal challenge to\u00a0several\u00a0bills designed to protect residential and commercial tenants during the pandemic. The lawsuit was brought by landlords who argued that the three bills, which were part of a COVID-19 relief package\u00a0for\u00a0New Yorkers, violated\u00a0their constitutional\u00a0rights.\u00a0\u00a0\u00a0<\/p>\n

…<\/p>\n

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