Indeed, the court's entire analysis in Andrews Plaza was centered around the nonpayment cause of action and found that dismissal was required because the CARES Act applied to that particular nonpayment case. (Andrews Plaza Hous. Assoc. LP v Rodriguez, 2023 NY Slip Op 35015[U], *4 ["The CARES Act 30-day notice requirement applies to this eviction proceeding based on nonpayment of rent where the landlord seeks either payment or surrender of the premises" (emphasis added)].) Nowhere did the court analyze whether the CARES Act is applicable to a holdover proceeding.{**88 Misc 3d at 638}
Both parties conceded at oral argument that there is no case law within New York State dealing with this subject matter and therefore, it appears to be an issue of first impression. As such, this court is guided by the findings of other courts nationwide, as well as secondary materials on point.
The National Housing Law Project (NHLP) is an organization dedicated to "advanc[ing] housing justice for poor people and communities"[FN2] "by strengthening and enforcing the rights of tenants and low-income homeowners, increasing housing opportunities for underserved communities, and preserving and expanding the nation's supply of safe and affordable homes."[FN3]
The NHLP issued several memorandums entitled "Enforcing the CARES Act 30-Day Eviction Notice Requirement," originally created in June 2022, but updated several times through February 2025.[FN4] In the memorandum, the NHLP dedicates a specific section to [*4]discussing whether the CARES Act requires a 30-day notice to evict for reasons other than nonpayment of rent. The memorandum states that "[t]o date, most courts have interpreted the CARES Act notice provision as applying only to evictions for nonpayment of rent or other charges."