Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-01-21
Original Source: https://www.courtlistener.com/opinion/4849318/matter-of-cabrera-v-humphrey/ ↗

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With regard to the financial hardship defense, the Tenant Safe Harbor Act (hereinafter TSHA) provides, in relevant part, that "[n]o court shall issue a warrant of eviction or judgment of possession against a residential tenant or other lawful occupant that has suffered a financial hardship during the COVID-19 covered period for the non-payment of rent that accrues or becomes due during the COVID-19 covered period" (L 2020, ch 127, § 2). For purposes of the TSHA, "COVID-19 covered period" means from March 7, 2020 until the pandemic-related restrictions are lifted (L 2020, ch 127, § 1). The legislation explicitly permits a tenant to raise financial hardship during the relevant time period as a defense in an RPAPL article 7 proceeding (see L 2020, ch 127, § 2). The statute, which was enacted in June 2020, is limited to summary eviction proceedings based on nonpayment and does not apply to holdover proceedings (compare RPAPL 711 [1], with RPAPL 711 [2]).

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