Upstate NY tenant smoking inside unit

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I have a tenant living in a unit for over 1 year with a lease clearly stating:
1. No smoking within the unit
2. After 1 year, the lease becomes month-to-month and either party can terminate the lease with at least 30 days written notice provided prior to the date they need to/are vacating

I just called a local process server to serve that notice and he told me we can't do anything until September 1st due to the governor's extension of the rent moratorium.

What are you all doing in this situation? It seems I'm out of luck and need to wait until September 1st to get the tenant out.