March 01, 2022 | New York Law Journal
HSTPA and Luxury DeregulationOn Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.
By Warren A. Estis and Jeffrey Turkel
8 minute read
February 01, 2022 | New York Law Journal
The 'Good Cause Eviction' Bill: A Proposal Under ConsiderationIn their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis review and analyze Senate Bill S3082, also known as the "Good Cause Eviction" bill currently under proposal in Albany which could impact free-market housing accommodations in New York State.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
January 04, 2022 | New York Law Journal
Tribunals Split on Effect of Post-'Roberts' ConductIn their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.
By Warren A. Estis and Jeffrey Turkel
7 minute read
November 30, 2021 | New York Law Journal
Could NYC's Guaranty Law Be Struck Down as Unconstitutional?Warren A. Estis and Alexander Lycoyannis discuss 'Melendez v. City of New York,' where a group of New York City owners commenced n district court action for a judgment declaring the Guaranty Law unconstitutional and for an injunction permanently enjoining its enforcement.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
November 02, 2021 | New York Law Journal
Rent Concession Cases: The Score So FarStarting in 2020, tenants of various 421-a buildings throughout the city where rent concessions have been granted have commenced putative class action litigation asserting that the initial legal regulated rent for each of their apartments is not the lease rent, but is the "net effective rent." To date, the tenants' efforts have met with mixed success. In their Rent Regulation column Warren Estis and Jeffrey Turkel analyze five decisions rendered on the subject.
By Warren A. Estis and Jeffrey Turkel
7 minute read
October 05, 2021 | New York Law Journal
The Extension of NY's Eviction Moratorium: An AnalysisIn their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis discuss the extension of New York's eviction moratorium which includes a provision for owners to challenge tenants' assertions of COVID-related financial hardship.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
August 31, 2021 | New York Law Journal
What Happens When an Apartment Is Vacant On the Base Date?The base date rent for purposes of determining a rent overcharge complaint is generally the rent charged to the tenant on the date four years prior to the tenant's overcharge claim. But what happens if the apartment was temporarily exempt or vacant on the base date? The answer to this has taken various twists and turns, including a new twist introduced in Connors v. Kushner Companies, which Warren Estis and Jeffrey Turkel discuss here in their Rent Stabilization column.
By Warren A. Estis and Jeffrey Turkel
10 minute read
August 03, 2021 | New York Law Journal
Leasing to Cannabis BusinessesIn their Landlord-Tenant Law column, Warren Estis and Alexander Lycoyannis discuss the legal obstacles (and potential solutions) for owners leasing to cannabis retailers in New York.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
July 06, 2021 | New York Law Journal
When Is a Rent Registration 'Proper'?RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.
By Warren A. Estis and Jeffrey Turkel
7 minute read
June 01, 2021 | New York Law Journal
Is It the Beginning of the End of the "COVID Defenses?"As New York proceeds slowly toward a semblance of pre-pandemic normalcy, the decision in 'A/R Retail LLC v Hugo Boss Retail' signals that the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past.
By Warren A. Estis and Alexander Lycoyannis
9 minute read
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