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.