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Jeffrey Turkel

Jeffrey Turkel

September 01, 2020 | New York Law Journal

Recent Major Capital Improvement Rulings

In 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 J

In "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 Cases

On 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 Later

In 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 HSTPA

In 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 Deceptions

In 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 Issues

On 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 Observations

In 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 Proceedings

Under 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 Tenants

Over 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