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Navigating COVID-Era Moratoriums

Total Credits
1 - 1.5
CDs/DVDs Only
This course is only available in CD/DVD format.
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New York State enacted legislation including foreclosure and eviction moratoriums to protect certain tenants and mortgagees in the wake of the COVID-19 pandemic. To qualify for such protections, residential and qualifying commercial tenants/mortgagors were required to attest to their COVID-related hardship to take advantage of the protections.

In August of this year, the US Supreme Court holding in Chrysafis et al. v. Marks found that such protections violated an owner’s due process rights if the tenant had a unilateral ability to stay the proceedings.

Accordingly, Governor Kathy Hochul signed into law an extension of the current COVID-related residential and commercial eviction moratoriums for New York State which currently remains in effect, and provides owners and mortgagor’s with the ability to challenge a claimed COVID-related hardship under the current laws.

Our expert panel will address the current moratoriums in place for residential and commercial evictions and foreclosures, as well as address how the moratoriums have evolved over time, the questions left unresolved by current legislation and some experiences in litigating those issues.

Lecturer Bios

Dean M. Roberts, Esq.

Dean M. Roberts, Chair of the firm’s New York Real Estate & Finance Law Practice Group, oversees and coordinates a diverse group of real estate attorneys and support professionals who handle all matters relating to real estate in the state of New York. Prior to joining the firm by way of a merger in 2006, he was the managing partner of Szold & Brandwen, a law firm founded in 1924, which had been involved in the development of cooperatives (co-ops) for over 80 years.

Dean has represented real estate entities for more than 30 years in all facets of legal issues affecting individuals and legal entities that own, develop, or manage real estate assets. His practice is a hybrid of corporate, litigation, and transactional services on behalf of his clients. Dean is well established as one of the elite condominium and co-op attorneys in New York, including being one of the foremost Mitchell Lama and regulated co-op attorneys in the city.

Outside of the firm, Dean supports diverse and moderate-income housing developments as the pro bono general counsel to the Coordinating Council of Cooperatives, President of the United Housing Foundation and as a director of the Cooperative Development Fund Board of Advisors as well as other housing programs.

I have received my JD from Rutgers School of Law – Newark J.D., 1987

Kimbrilee M. Weber, Esq.

Kim Weber focuses her practice on complex commercial litigation matters and represents clients in a variety of high-stakes litigation in state and federal courts in New York and New Jersey. Her litigation experience involves pretrial procedure and discovery, electronic discovery, briefing and arguing motions, taking and defending fact witness and corporate representative depositions, appellate practice, and post-judgment discovery and collections. Kim’s representative matters for diverse individual and corporate clients informs her flexible, problem-solving approach to litigation, aimed at maximizing efficiency and positive outcomes for her clients.

Kim is also a member of the firm’s Associates Committee, serving as a liaison between firm Management and her fellow Associates. Prior to joining the firm, Kim was an Associate at a boutique insurance litigation firm, where she assisted in the representation of clients in all stages of litigation, from inception through appeal. She was also a law clerk for the Hon. Susan L. Reisner, P.J.A.D. in New Jersey’s Appellate Division.

During law school, Kim was a member of the Seton Hall Law Review as an Associate Editor (2013-2014), and the Editorial Board’s Symposium Editor (2014-2015), and her comment was published in the journal’s 45th volume. She was also a student advocate in Seton Hall’s Civil Rights and Constitutional Litigation clinic, and worked as a summer intern for the Hon. Claire C. Cecchi, U.S.D.J.

Melissa A. Peña, Esq.

Melissa A. Peña, a member of the firm’s Management Committee and Chair of the Bankruptcy and Creditors’ Rights Practice Group, concentrates her practice on commercial litigation and bankruptcy and creditors’ rights. Her clients include financial institutions, private lenders, creditors, and accounting firms. Melissa has successfully represented secured creditors and unsecured creditors in Chapter 11 bankruptcy cases and state court insolvency proceedings. She frequently handles commercial foreclosure actions, actions to enforce promissory notes and guarantees, lien priority disputes, fraudulent conveyance actions, and creditor enforcement matters.

Melissa also defends accounting firms in disputes regarding alleged failure to detect criminal and fraudulent activity in the state and federal courts of New Jersey and New York.

Outside the courtroom, Melissa handles commercial workouts, negotiating forbearance agreements on behalf of lenders and troubled cross-border transactions. She represents investors seeking to acquire defaulted loans from the due diligence stage to closing on the sale. Melissa also helps lenders to liquidate their collateral through UCC sales, including sales of co-ops. In connection with the firm’s cross-border practice, she represents clients concerning inbound and outbound transactions that require working with government agencies such as the U.S. Office of Foreign Asset Control and U.S. Customs and Border Protection.

Whether she is inside or outside the courtroom, Melissa’s goal is to find a practical business solution for her clients. She utilizes litigation as a tool to further her client’s business objectives in a cost-effective manner. Melissa is Co-Chair of the Meritas Financial Services section.

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