Jeffrey Turkel

July 11, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis write that the First Department recently may have stated, in dicta, that in a building that was stabilized before the receipt of J-51 benefits, an owner can only take advantage of luxury deregulation where the benefits expire and the tenant was served with notice that the apartment would no longer be rent stabilized. If that is indeed what the First Department said, the court appears to have acted contrary to its own precedent and the governing statute.

By Warren A. Estis and Jeffrey Turkel

12 minute read

September 05, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review decisions the New York County Supreme Court has rendered over the last three months in 'Roberts'-type cases endorsing the Appellate Term's '72A Realty v. Lucas' methodology. The question remains as to whether '72 Realty' will be affirmed by the Appellate Division, First Department.

By Warren A. Estis and Jeffrey Turkel

9 minute read

January 02, 2013 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners of Rosenberg & Estis, analyze the First Department's recent holdings that addressed how to compute stabilization rents for erroneously deregulated apartments in J-51 buildings, many of which had been renting at market rates for years, and whether luxury deregulation would again be available to owners once J-51 benefits expired.

By Warren A. Estis and Jeffrey Turkel

10 minute read

July 03, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, address the problems presented by zombie tenants, i.e., opportunistic imposters who assume the identity of long dead tenants of cheap rent-regulated apartments.

By Warren A. Estis and Jeffrey Turkel

9 minute read

September 04, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss how the case 'Friscia v. New York State Division of Housing and Community Renewal' answered some of the questions left open by 'Grimm v. NYSDHCR,' and conclude that the answers may give heart to landlords who have been battered by 'Grimm' and its progeny.

By Warren A. Estis and Jeffrey Turkel

9 minute read

May 02, 2012 | New York Law Journal

In their Rent Regulation column, Rosenberg & Estis partners Warren A. Estis and Jeffrey Turkel discuss the First Department's holding that the New York City Department of Housing Preservation and Development's erroneous continuation of J-51 benefits at a housing complex after the complex left the Mitchell-Lama program did not subject the complex to rent stabilization coverage.

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 04, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis review two post-Roberts cases in which the Division of Housing and Community Renewal was asked to determine whether luxury deregulation is available once J-51 benefits expire, a factual distinction from Roberts, wherein J-51 benefits were still in effect.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 02, 2011 | New York Law Journal

Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis review a recent case involving major capital improvement rent increases and a landlord's upgrade to an elevator which had previously had a new controller and brake installed within the 25-year useful life schedule for such an improvement.

By Warren A. Estis and Jeffrey Turkel

8 minute read

May 01, 2013 | New York Law Journal

In their Rent Stabilization column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that this past Thursday, the Appellate Division, First Department, released three decisions, all of which held that tenants can waive treble damages in 'Roberts'-style class action cases so as to avoid the prohibition in the class action statute against seeking penalties.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 07, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that there is cause to suspect that owners may be similarly unsuccessful when they approach HPD for additional J-51 benefits based on the fact that HPD's proportional diminution of benefits, based on the existence of so-called luxury deregulated apartments, was, in fact, in error.

By Warren A. Estis and Jeffrey Turkel

9 minute read