Nativ Winiarsky

September 06, 2023 | New York Law Journal

It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.

By Nativ Winiarsky

11 minute read

August 30, 2022 | New York Law Journal

As seminal a case as 'Regina' may have been, there has been a sharp divergence of opinions in regard to its application as seen by recent decisions issued from both the Appellate Division and Trial Court levels.

By Nativ Winiarsky

10 minute read

March 05, 2021 | New York Law Journal

The cases and language of 'Regina' make it rather clear that where an overcharge complaint was filed prior to the HSTPA, a court should only apply a pre-HSTPA analysis.

By Nativ Winiarsky

10 minute read

October 13, 2020 | New York Law Journal

A continuation of the discussion of 'Regina Metro. Co. v. New York State Div. of Hous. & Community Renewal,' relating to how fraud is to be interpreted in relation to rent overcharge claims.

By Nativ Winiarsky

10 minute read

July 02, 2020 | New York Law Journal

In this follow up to last month's article discussing 'Regina Metro v. New York State Div. of Hous. & Community Renewal' in relation to its holding concerning the unconstitutional retroactive application of Part F of the HSTPA, this article focuses on another feature of that decision—fraud—which didn't get as much coverage but nonetheless may be just as impactful.

By Nativ Winiarsky

11 minute read

June 22, 2020 | New York Law Journal

Less than a year after the HSTPA was enacted into law, the real estate world was shaken again by an "earthquake of a decision," Regina Metro. Co. v. New York State Div. of Hous. & Community Renewal, which, among other things, found that the retroactive application of Part F of HSTPA was unconstitutional on due process grounds.

By Nativ Winiarsky

11 minute read

August 25, 2014 | New York Law Journal

Nativ Winiarsky writes: Hidden in most standard form leases for commercial tenants is a seemingly innocuous sentence in a typically lengthy paragraph dealing with destruction to a leased space. That sentence waives the provisions of Section 227 of the New York Real Property Law—seemingly innocent enough, until one fully understands the ramifications.

By Nativ Winiarsky

10 minute read

July 16, 2014 | New York Law Journal

Nativ Winiarsky writes that however important '433 Sutton Corp. v. Broder' is to the landlord-tenant community as one of the relatively few such cases addressed per year by the Court of Appeals, it unfortunately provides little in the way of guidance in terms of the circumstances in which a court may use its discretion to deny attorney fees in the face of a valid lease clause allowing for same.

By Nativ Winiarsky

10 minute read

June 30, 2014 | New York Law Journal

Nativ Winiarsky, a senior partner at Kucker & Bruh, writes: While much time and effort is often spent on securing the form and material terms of the guaranty, landlords and their counsel are well advised to make similar efforts to take the necessary precautionary steps to ensure that the guaranty they worked so hard to acquire can indeed one day be enforced in the event of default by the principal debtor.

By Nativ Winiarsky

10 minute read

April 10, 2007 | New York Law Journal

Nativ Winiarsky, a partner at Kucker and Bruh, writes that in the race to rehabilitate old manufacturing buildings in now-fashionable neighborhoods, zoning codes are sometimes overlooked - codes that may then be used to eject tenants of noncompliant lofts. Counsel for these tenants often turn to the Emergency Tenant Protection Act, but until the Legislature steps in, that protection should remain unavailable.

By Nativ Winiarsky

11 minute read