June 30, 2020 | New York Law Journal
The Strange Case of HSTPA Part JIn "520 Tinton, L.P. v. Harlem United," the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments which granted protection from non-primary residence evictions to not-for-profit entities that provide "scatter site" housing for the homeless. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss whether the amendments are constitutional.
By Warren A. Estis and Jeffrey Turkel
7 minute read
June 02, 2020 | New York Law Journal
Temporary Suspension of Personal Guaranties in Commercial LeasesIn their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
May 05, 2020 | New York Law Journal
'Regina' Goes Beyond 'Roberts'-Type Overcharge CasesOn April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
By Warren A. Estis and Jeffrey Turkel
8 minute read
March 31, 2020 | New York Law Journal
COVID-19 and Rent Related IssuesIn their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the potential legal issues that will likely arise as tenants start failing to pay rent as a result of the unprecedented situation happening with the current pandemic.
By Warren A. Estis and Michael E. Feinstein
6 minute read
March 03, 2020 | New York Law Journal
The Impact of 'Altman' Two Years LaterIn their Rent Stabilization column, Warren Estis and Jeffrey Turkel explore the vitality of the landmark Court of Appeals ruling in 'Altman v. 285 W. Fourth LLC' two years after it was issued.
By Warren A. Estis and Jeffrey Turkel
8 minute read
February 04, 2020 | New York Law Journal
Predicate Notices Revisited: Termination Notices Must Contain Sufficient FactsIn their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the recent decision "266 Washington Ave. v. Davis," which "stands as an important reminder to landlords and their counsel of the harsh consequences of failing to include adequate factual allegations in a notice of termination."
By Warren A. Estis and Michael E. Feinstein
5 minute read
January 28, 2020 | New York Law Journal
Owner Occupancy Under the HSTPAIn their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss how the Legislature has begun to sharply limited landlord "personal use evictions" pursuant to the recently enacted Housing Stability and Tenant Protection Act (HSTPA), and how the courts are effectuating the changes.
By Warren A. Estis and Jeffrey Turkel
8 minute read
December 03, 2019 | New York Law Journal
HSTPA Applies to Notice of Nonrenewal Predating Effective Date of the LawIn their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?
By Warren A. Estis and Michael E. Feinstein
5 minute read
November 05, 2019 | New York Law Journal
Succession: Appellate Term Case Highlights Tenant DeceptionsIn their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss recent succession cases including 'CBU Assocs., Inc. v. Forray,' where the First Department, Appellate Term observed that an occupant, through a "persistent and systematic pattern of deception," can waive succession rights. They note that the rule in the Second Department is "somewhat more tenant-friendly."
By Warren A. Estis and Jeffrey Turkel
10 minute read
October 01, 2019 | New York Law Journal
HSTPA'S Impact on Owner's ProceedingIn their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Fried v. Galindo,' where the court ruled that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) applies to a pending owner's use proceeding.
By Warren A. Estis and Michael E. Feinstein
5 minute read
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