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· 4/30/2021

McElhinney v. Fitzpatrick

Citations

  • 143 N.Y.S.3d 268
  • 193 A.D.3d 1409
  • 2021 NY Slip Op 02694

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that CDC did not have power to impose nationwide moratorium on the eviction of renters during pandemic
  • recognizing that “[d]espite the CDC’s determination that [residential] landlords should bear a significant financial cost of the pandemic, many landlords have modest means”
  • concluding that an economic impact of $50 billion was of vast economic significance
  • explaining that a moratorium on evictions did not directly relate to preventing the spread of COVID-19
  • holding CDC’s eviction moratorium “intrude[d] into an area that is the particular domain of state law: the landlord-tenant relationship”
  • holding CDC’s eviction moratorium “intrude[d] into an area that is the particular domain of state law: the landlord-tenant relationship”

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.