Jeffrey Turkel

July 06, 2005 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that the Court of Appeals has ruled that owners of former Mitchell-Lama buildings completed on or before March 10, 1969 can apply for "unique and peculiar" rent increases under the Rent Stabilization Law with respect to any apartment which has had a vacancy since June 30, 1971.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 05, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that the Appellate Division, Second Department recently sharply diverged from the Appellate Division, First Department, as to when a commercial loft that is residentially occupied can become subject to rent stabilization, and whether tenants living in such lofts, prior to legalization, must pay rent. A unanimous Second Department panel found that a landlord that allowed tenants to reside in a commercial property may eject them for violating their lease and failing to pay rent, but that it may not recover unpaid back rent.

By Warren A. Estis and Jeffrey Turkel

8 minute read

September 06, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that an owner must generally provide and continue to provide "required" or "essential" building-wide and apartment services to the tenants. If the owner fails to do so, the state Division of Housing and Community Renewal will order the owner to restore the service in question, and will reduce the rents of the complaining tenants until such restoration takes place.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 02, 2005 | New York Law Journal

Warren A. Estis, a founding member at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review three recent appellate cases concerning primary residence, the four-year overcharge rule and luxury deregulation, policy issues that go to the very essence of what rent regulation should � or should not � accomplish.

By Warren A. Estis and Jeffrey Turkel

11 minute read

March 04, 2009 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review the latest twist in a long-running landlord-tenant dispute that has reached the Court of Appeals, which had upheld the lower court's decision that the fact that a tenant owes substantial back rent as a result of a DHCR determination alone is insufficient to support a finding of undue hardship, while the latest decision holds that DHCR has discretion to give a tenant 48 months to make the repayment.

By Warren A. Estis and Jeffrey Turkel

10 minute read

September 07, 2005 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg Estis review the recent decision in which the Court of Appeals disagreed as to how the RSL's four year statute of limitations for overcharges should be applied where there has been a long-term illegal tenancy.

By Warren A. Estis and Jeffrey Turkel

10 minute read

May 03, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that landlords and tenants frequently enter into stipulations to settle their disputes. Enforcing such stipulations can be problematic, because both the Rent and Eviction Regulations and the Rent Stabilization Code contain provisions that generally bar tenants from waiving statutory benefits.

By Warren A. Estis and Jeffrey Turkel

10 minute read

November 03, 2010 | 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, reviews a ruling by a sharply divided Court of Appeals holding that when it appears that the "base rent" in an overcharge case is "fraudulent," the DHCR must investigate such fraud and may not use the base rent for further calculations if fraud is indeed present.

By Warren A. Estis and Jeffrey Turkel

9 minute read

March 02, 2011 | 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 First Department ruling that on the question: What should happen when an owner performs a building-wide Major Capital Improvement, but some apartments do not benefit from the work due to poor workmanship?

By Warren A. Estis and Jeffrey Turkel

8 minute read

July 02, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that the Court of Appeals recently held that there is no limit on the number of apartments an owner can seek to recover for personal use under the Rent Stabilization Law. They examine the facts of the case and the Court of Appeals' ruling, and also discuss additional arguments that the tenants raised before the Court of Appeals that the Court rejected without comment.

By Warren A. Estis and Jeffrey Turkel

9 minute read