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Alan Nochumson

Alan Nochumson

February 07, 2019 | The Legal Intelligencer

Lost Promissory Note Focus of Superior Court's Decision in 'Rao'

On Dec. 24, 2018, the day before Christmas, the Superior Court in MB Financial Bank v. Rao, 921 EDA 2018, provided borrowers throughout the commonwealth of Pennsylvania with a proverbial “lump of coal.”

By Alan Nochumson

8 minute read

January 14, 2019 | The Legal Intelligencer

Change in Phila. Code Limits Landlords' Right to Evict Tenants Within City

Late last year, under Bill Number 170854-A, the city of Philadelphia amended Section 9-804 of the Philadelphia Code which is titled “Unfair Rental Practices, ”limiting the rights of residential landlords to evict their residential tenants within city limits.

By Alan Nochumson

6 minute read

December 10, 2018 | The Legal Intelligencer

Commonwealth Court Tackles Whether ZBA Committed an Error in 'Renaissance' Decision

The Commonwealth Court of Pennsylvania recently determined whether the city of Philadelphia's Zoning Board of Adjustment (ZBA) committed an error of law by refusing to allow a property owner to replace a nonconforming, but legally authorized, multifamily dwelling with a new one.

By Alan Nochumson

7 minute read

November 14, 2018 | The Legal Intelligencer

Landlord Awarded Possession of Residential Property Without Rental Suitability Certificate

A recent memorandum opinion issued by Philadelphia Court of Common Pleas Judge Nina W. Padilla in Frempong v. Richardson may significantly change the way residential landlord-tenant disputes are handled for properties located in the city of Philadelphia.

By Alan Nochumson

7 minute read

October 15, 2018 | The Legal Intelligencer

Superior Court Expands Disclosure Requirements Under RESDL in 'Medlock'

In Pennsylvania, sellers of residential real estate are obligated under Pennsylvania's Real Estate Disclosure Law (RESDL), 68 Pa. C.S. Section 7301 et seq., to disclose known material defects with the property.

By Alan Nochumson

10 minute read

September 14, 2018 | The Legal Intelligencer

Real Estate and Divorce: Court Tackles Partition Action in 'Kapcsos'

There is nothing more devastating than a divorce. Most of us envision a divorce from the perspective of family law, but there are also situations where a divorce must occur under real estate law as well.

By Alan Nochumson

7 minute read

August 09, 2018 | The Legal Intelligencer

Ruling Provides Guidance on How to Address 'Actual Damages' Under RESDL

In Phelps, for the first time, the Superior Court also outlined how courts in Pennsylvania should calculate “actual damages” under RESDL.

By Alan Nochumson

7 minute read

July 17, 2018 | The Legal Intelligencer

'Phelps' Tackles 'As Is' Language in Residential Agreement of Sale Under RESDL

In many situations with distressed properties, the property owner wishes to wipe his hands clean of the property. In these situations, the property owner will agree to sell the property only if the prospective buyer acquires the property in “as is” condition.

By Alan Nochumson

1 minute read

June 12, 2018 | The Legal Intelligencer

Recent Decision Provides Guidance to Landlords, Tenants Under PLDCL

A recent decision handed down by Judge Lisa M. Rau in Houston v. Analaris Homes, No. 161101449, may provide much guidance to landlords and tenants alike under Philadelphia's Lead Disclosure and Certification Law (PLDCL) which is codified under Section 6-800 et seq. of the Philadelphia Code.

By Alan Nochumson

1 minute read

May 08, 2018 | The Legal Intelligencer

Should a Variance Granted by the ZBA Be Extinguished Due to Lack of Standing?

Last month, in Liberties Lofts v. Zoning Board of Adjustment, 2018 Pa. Commw. LEXIS 106 (April 2), the Commonwealth Court addressed whether a variance granted by the city of Philadelphia's Zoning Board of Adjustment (ZBA) should be extinguished due to the alleged lack of standing of the corporate entity which sought the proposed property development.

By Alan Nochumson

10 minute read