Respondent argues that, despite all the cases he cites to being nonpayment proceedings, "there is no reason why the CARES Act wouldn't apply to holdovers." According to respondent, the plain reading of 15 USC § 9058 (c) makes it equally applicable to a nonpayment as well as to a holdover because it does not contain the limiting language referring to nonpayments that 15 USC § 9058 (b) contains. While the 120-day moratorium on commencing proceedings (which is now expired) is limited to nonpayment cases (see 15 USC § 9058 [b] [1]), respondent argues no such limiting language is included in 15 USC § 9058 (c) (1).
Petitioner, on the other hand, is adamant that the provisions of the CARES Act, whether under 15 USC § 9058 (b) or (c), apply only to nonpayment proceedings, as evidenced by the plain wording of the statute.
Discussion
15 USC § 9058, known as the CARES Act, was enacted in response to the COVID-19 global pandemic and issued a 120-day moratorium on commencement of any nonpayment proceedings by landlords of covered dwellings, including dwellings backed by a federally backed mortgage like the Fannie Mae mortgage at issue here (see Belplain Realty Co. Inc v Caro, 85 Misc 3d 1278[A], 2025 NY Slip Op 50740[U], *3, *4 [Civ Ct, Bronx County 2025]).
15 USC § 9058 states, in relevant part, as follows:
"(b) Moratorium
"During the 120-day period beginning on March 27, 2020, the lessor of a covered dwelling may not
"(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges; or{**88 Misc 3d at 637}
"(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
"(c) Notice