Jeffrey Turkel

May 03, 2022 | New York Law Journal

In First NY, LLC v. New York State Div. of Hous. & Community Renewal, Justice Carol Edmead affirmed a DHCR order that denied the landlord's demolition application on the ground that the landlord had failed to provide documentation as to its plans for the site following the demolition. This article will examine this case as well as an earlier decision by Justice Debra James in 118 Duane LLC v. New York State Div. of Homes & Community Renewal dealing with the subject of demolition applications.

By Jeffrey Turkel

8 minute read

March 01, 2022 | New York Law Journal

On Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 04, 2022 | New York Law Journal

In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.

By Warren A. Estis and Jeffrey Turkel

7 minute read

November 02, 2021 | New York Law Journal

Starting in 2020, tenants of various 421-a buildings throughout the city where rent concessions have been granted have commenced putative class action litigation asserting that the initial legal regulated rent for each of their apartments is not the lease rent, but is the "net effective rent." To date, the tenants' efforts have met with mixed success. In their Rent Regulation column Warren Estis and Jeffrey Turkel analyze five decisions rendered on the subject.

By Warren A. Estis and Jeffrey Turkel

7 minute read

August 31, 2021 | New York Law Journal

The base date rent for purposes of determining a rent overcharge complaint is generally the rent charged to the tenant on the date four years prior to the tenant's overcharge claim. But what happens if the apartment was temporarily exempt or vacant on the base date? The answer to this has taken various twists and turns, including a new twist introduced in Connors v. Kushner Companies, which Warren Estis and Jeffrey Turkel discuss here in their Rent Stabilization column.

By Warren A. Estis and Jeffrey Turkel

10 minute read

July 06, 2021 | New York Law Journal

RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.

By Warren A. Estis and Jeffrey Turkel

7 minute read

May 04, 2021 | New York Law Journal

More than a year has passed since the Court of Appeals' ruling in Regina Metro. Co. v. NYSDHCR and the First Department has since issued various decisions interpreting the scope of the decision. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss two lines of cases, both relating to the issue of fraud as it impacts the four-year look-back rule.

By Warren A. Estis and Jeffrey Turkel

8 minute read

March 02, 2021 | New York Law Journal

Last month, the Appellate Division, First Department issued favorable rulings to landlords in 'Harris v. Israel' and 'Kreloff v. NYSDHCR.' In their Rent Stabilization column, Warren Estis and Jeff Turkel analyze both decisions.

By Warren A. Estis and Jeffrey Turkel

7 minute read

January 05, 2021 | New York Law Journal

A body of law has developed over the years to determine whether a building is subject to rent stabilization by virtue of the number of housing accommodations therein. Warren Estis and Jeffrey Turkel summarize this case law.

By Warren A. Estis and Jeffrey Turkel

7 minute read

November 03, 2020 | New York Law Journal

Years ago, bringing, or defending, a Fair Market Rent Appeal was a routine part of any rent regulatory practice. Because there are so few rent-controlled apartments left, FMRAs have become somewhat of a rarity.

By Warren A. Estis and Jeffrey Turkel

9 minute read