Jeffrey Turkel

February 09, 2012 | New York Law Journal

Jeffrey Turkel, a partner at Rosenberg & Estis, and Joshua Kopelowitz is an associate at the firm, write that the starting point for any discussion regarding conditions affecting the health or safety of an occupant of a New York City apartment always begins with the warranty of habitability provision found in Real Property Law �235-b.

By Jeffrey Turkel and Joshua Kopelowitz

10 minute read

March 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, analyze a unanimous New York State Court of Appeals ruling that where a landlord performs MCI work but that work does not benefit some apartments due to poor workmanship, the Division of Housing and Community Renewal is authorized to permanently deny MCI rent increases for those apartments.

By Warren A. Estis and Jeffrey Turkel

9 minute read

September 01, 2010 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: The four-year statute of limitations on rent overcharges under the RSL recently celebrated its 27th birthday. Notwithstanding, courts and individual judges continue to sharply disagree as to how the so-called "four-year rule" is to be interpreted and implemented.

By Warren A. Estis and Jeffrey Turkel

9 minute read

March 06, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, analyze a recent dismissal of an overcharge complaint where DHCR, as affirmed by the New York County Supreme Court, held that the tenant had failed to prove that a variety of inconsistencies in the rental history amounted to fraud, and therefore the agency could not look beyond the four-year look back period.

By Warren A. Estis and Jeffrey Turkel

9 minute read

January 06, 2010 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, analyze a recent decision by New York County Supreme Court Justice Alice Schlesinger in which she upheld a provision of the Rent Stabilization Code which states that prior regulation under Mitchell-Lama does not, of itself, allow a landlord to obtain rent increases for "unique or peculiar" circumstances under rent stabilization.

By Warren A. Estis and Jeffrey Turkel

10 minute read

September 02, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that in a recent Article 78 proceeding Justice Martin Schneier held that even absent a showing of good cause, DHCR must accept evidence for the first time on administrative review, at least where the proffered evidence pertains to the threshold issue of whether the apartment is subject to rent stabilization at all.

By Warren A. Estis and Jeffrey Turkel

8 minute read

September 03, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review First Hudson Capital, LLC v. Seaborn in which the majority found that a tenant could not be evicted for charging his roommates a disproportionate share of the stabilized rent, but the dissent argued that interpretation of the statute would mean the section had little or no point.

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 04, 2006 | New York Law Journal

Warren A. Estis, a founding member of Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that while rent-regulated tenancies are seemingly indestructible, rent-regulated buildings are not. Not surprisingly, some landlords would rather tear down severely damaged rent-regulated buildings than repair them. Such landlords succeed only where the damage is so extensive that rebuilding is either economically or physically infeasible.

By Warren A. Estis and Jeffrey Turkel

13 minute read

September 05, 2007 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that the Rent Stabilization Law is intended to protect tenants from "unjust, unreasonable and oppressive rents." But what happens, they ask, when a tenant overcharges his or her subtenant?

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 02, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review a recent decision where the majority saw a dishonest former landlord who had abused the stabilization scheme by installing an illusory tenant, and the dissent saw a tenant who was savvy in real estate matters and who was going back on her word to obtain a windfall.

By Warren A. Estis and Jeffrey Turkel

8 minute read