BUFFALO (WBEN) - Lipsitz Green Scime Cambria, a law firm representing 37 landlords and growing, is filing a lawsuit against New York State over the state's eviction moratorium.
"We're challenging what amounts to an administrative regulation or rule, which says that once a tenant simply says that they're experiencing financial hardship as a result of the COVID situation, then they cannot be evicted unless the landlords are in a position to show that their claims are not not valid," said prominent local attorney Paul Cambria.
"The statute just is completely unfair," he continued. "It doesn't allow the landlords to test the claim."
Cambria said they will be arguing for an injunction in the coming weeks, as the statewide eviction moratorium is currently set to expire on January 15.
"We would like to have it eliminated," said Cambria. "Things have changed. At the time the original moratorium was put in place, we did have a pandemic; we didn't have people vaccinated; businesses were closed; the employment situation was terrible, and so on. Now, it's totally different - everything is basically wide open and back and running; people are vaccinated, and the circumstances have changed.
As for a timeline, Cambria said they have a meeting with the court on November 16, and then they have an argument date for the third week in November, which will be the day they ask for a preliminary injunction.
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