September 01, 2020 | New York Law Journal
Recent Major Capital Improvement RulingsIn their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss recent cases concerning major capital improvements (MCIs) and find that where a landlord elects to perform an MCI, it must be certain that even its minimal return on investment will be protected.
By Warren A. Estis and Jeffrey Turkel
8 minute read
June 30, 2020 | New York Law Journal
The Strange Case of HSTPA Part JIn "520 Tinton, L.P. v. Harlem United," the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments which granted protection from non-primary residence evictions to not-for-profit entities that provide "scatter site" housing for the homeless. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss whether the amendments are constitutional.
By Warren A. Estis and Jeffrey Turkel
7 minute read
May 05, 2020 | New York Law Journal
'Regina' Goes Beyond 'Roberts'-Type Overcharge CasesOn April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
By Warren A. Estis and Jeffrey Turkel
8 minute read
March 03, 2020 | New York Law Journal
The Impact of 'Altman' Two Years LaterIn their Rent Stabilization column, Warren Estis and Jeffrey Turkel explore the vitality of the landmark Court of Appeals ruling in 'Altman v. 285 W. Fourth LLC' two years after it was issued.
By Warren A. Estis and Jeffrey Turkel
8 minute read
January 28, 2020 | New York Law Journal
Owner Occupancy Under the HSTPAIn their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss how the Legislature has begun to sharply limited landlord "personal use evictions" pursuant to the recently enacted Housing Stability and Tenant Protection Act (HSTPA), and how the courts are effectuating the changes.
By Warren A. Estis and Jeffrey Turkel
8 minute read
November 05, 2019 | New York Law Journal
Succession: Appellate Term Case Highlights Tenant DeceptionsIn their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss recent succession cases including 'CBU Assocs., Inc. v. Forray,' where the First Department, Appellate Term observed that an occupant, through a "persistent and systematic pattern of deception," can waive succession rights. They note that the rule in the Second Department is "somewhat more tenant-friendly."
By Warren A. Estis and Jeffrey Turkel
10 minute read
September 03, 2019 | New York Law Journal
Courts Tackle HSTPA IssuesOn June 14, the New York State Legislature enacted the Housing Stability and Tenant Protection Act. Notwithstanding the "philosophical policy debates as to the wisdom of the statute," courts must now go about the "mundane business" of applying the statute to new and pending cases. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss some of these recent cases.
By Warren A. Estis and Jeffrey Turkel
8 minute read
July 02, 2019 | New York Law Journal
HSTPA-2019: Some ObservationsIn their Rent Regulation column, Warren Estis and Jeffrey Turkel write: Rather than add to the flood of articles summarizing the many changes wrought by the Housing Stability and Tenant Protection Act of 2019, some perspective is in order. What the Legislature did is fairly obvious, but there are less apparent and more profound issues at play that bear examination.
By Warren A. Estis and Jeffrey Turkel
7 minute read
May 01, 2019 | New York Law Journal
Owner-Occupancy ProceedingsUnder the Rent Stabilization Code, an owner can refuse to renew a rent-stabilized lease where the owner, in good faith, intends to move into the apartment. Owner-occupancy proceedings are difficult for tenants to defend. In their Rent Regulation column, Warren Estis and Jeffrey Turkel explore case law involving these proceedings.
By Warren A. Estis and Jeffrey Turkel
8 minute read
March 05, 2019 | New York Law Journal
Evicting Corporate TenantsOver the years, a rule has evolved as to when a corporate tenant can be evicted based on non-primary residence. In their Rent Regulation column, Warren Estis and Jeffrey Turkel examine the rule, as well as more recent corporate tenancy case law.
By Warren Estis and Jeffrey Turkel
7 minute read
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