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Judge: Gov. Cuomo's eviction suspension is constitutional

Manhattan federal judge says Gov. uomo acted constitutionally when he temporarily banned evictions because of the coronavirus.
Credit: Mike Groll
Governor Andrew M. Cuomo provides updates on protests following George Floyd’s death and the coronavirus during a press conference in the Red Room at the State Capitol. (Mike Groll/Office of Governor Andrew M. Cuomo)

NEW YORK — A Manhattan federal judge says New York Gov. Andrew Cuomo acted constitutionally when he temporarily banned evictions because of the coronavirus.

Judge Colleen McMahon said in a written decision Monday that the eviction moratorium does not violate the First Amendment rights of three large landlords who sued the state.

The judge noted that the order occurred as the world is confronting the deadliest pandemic in over a century and that the United States has suffered more than any other country.

Cuomo, a Democrat, in March began issuing orders to block evictions for three months. Besides barring evictions, it permits tenants to use security deposits toward rent. A lawyer for landlords said no decision had been made about an appeal.

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