The court’s unsigned order will remain in place while a legal challenge plays out in a New York-based federal appeals court. In it, the majority wrote that the New York policy appeared to violate landlords’ due process right to a hearing in the face of a tenant’s claimed inability to pay rent.
“This scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause,” they wrote.
The application, filed by a group of five New York property owners and a landlords’ association, was submitted to Justice Sonia Sotomayor, who handles emergency matters arising from New York and who referred the matter to the rest of the justices.
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