Housing Court judges examine landlord-tenant uncertainty amid eviction moratoriums

Queens Housing Court Supervising Judge John Lansden (third column, second row, right) and retired Housing Court Judge George Heymann (top left) discussed the impact of state and federal eviction moratoriums. Screenshot via Zoom

By Rachel Vick

Queens Housing Court’s top judge joined a panel of experienced jurists and attorneys Thursday to discuss the potential impacts of the state and federal eviction moratoriums, as well as a state law designed to keep tenants in their home during the COVID-19 pandemic.

The hourlong conference doubled as a CLE session for attorneys representing litigants in Housing Court and came at a key moment as Queens Housing Court judges hear more and more cases even as uncertainty reigns. 

“A phrase I hate but is the most appropriate is ‘We are in ever-changing circumstances,’” said Queens Housing Court Supervising Judge John Lansden. “What is true today may not be accurate tomorrow.”

The conversation covered the unclear implications of New York’s expiring eviction moratorium, the state’s Tenant Safe Harbor Act and a federal moratorium issued by the Centers for Disease Control and Prevention on legal proceedings.

“There have been no decisions comparing and contrasting prevailing federal and state laws, and of course, all the housing court judges will be right until appellate tells us we're not,” Lansden said.

“Until we see fact patterns being addressed a certain way we won't know,” he added.

Last month, the state’s top judges said the judicial branch would not extend an existing moratorium past Oct. 1, instead leaving the policymaking to the governor and legislature.

Retired Housing Court Judge George Heymann discussed the challenging situation for those on the bench.

“Nobody wants to put anyone out of their home and sometimes we need to make cold, hard decisions based on the law,” Heymann said. “Every judge has to make hard decisions based on what’s in front of them.”

Virtual conferences will continue, and in-person motions are being limited to maintain distancing. Any motion with procedural defects will be withdrawn and refiled to prioritize slots for those that are complete.

Attendees swapped stories about how they had been dealing with court appearances and the safety precautions in place, how to move forward as cases resume and strategies for navigating a virtual landscape.

In order to maintain the safety of court attendees, plexiglass dividers have been placed in the four courtrooms, facility staff have committed to cleaning the courtrooms three times a day and the Department of Citywide Administrative Services have added hand-sanitizing stations throughout each building.

Nevertheless, Heymann said, tenant attorneys have been reluctant to come to court on many occasions.

“Many legal organizations that represent indigent and minority tenants are refusing to allow their attorneys and their clients from appearing on the basis that said tenants are of greater risk than others of contracting the coronavirus,” Heymann said.

“Continuation of this stance is yet another factor that will further disrupt an already challenged court to conduct business. As the courts continue to re-open and the backlog of unresolved conflicts flood the system, the 800-pound gorilla in most cases will be the colossal economic damage that has affected both property owners and their tenants.”