January 07, 2015 | New York Law Journal
Court of Appeals Facilitates Class Actions in J-51 SuitsIn their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss how the Court of Appeals now allows class actions for New York City tenants bringing J-51 rent overcharge lawsuits.
By Warren A. Estis and Jeffrey Turkel
9 minute read
January 07, 2015 | New York Law Journal
Court of Appeals Facilitates Class Actions in J-51 SuitsIn their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss how the Court of Appeals now allows class actions for New York City tenants bringing J-51 rent overcharge lawsuits.
By Warren A. Estis and Jeffrey Turkel
9 minute read
December 03, 2014 | New York Law Journal
Yellowstone Injunctions: Not Always So RoutineAfter previously writing in their Landlord-Tenant column that Yellowstone injunctions are routinely granted, Warren A. Estis and Michael E. Feinstein discuss how the court in 'LIDC I v. Sunrise Mall' denied a commercial tenant's motion for such an injunction, finding that the tenant failed to show they were prepared to cure their rent default.
By Warren A. Estis and Michael E. Feinstein
11 minute read
November 05, 2014 | New York Law Journal
'Ram I v. DHCR': Much Ado About Nothing?In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss 'Ram I v. DHCR,', and explain why the First Department held that with respect to most rent-stabilized apartments, a landlord regains the right to obtain luxury deregulation once J-51 benefits expire.
By Warren A. Estis and Jeffrey Turkel
8 minute read
October 01, 2014 | New York Law Journal
Chronic Non-Payment Holdover ProceedingsIn their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss the chronic non-payment holdover proceeding - a landlord's best weapon when faced with having to commence multiple non-payment proceedings against defaulting tenants. They note, however, that if the tenant asserts a valid defense to non-payment, the court may very well conclude that a substantial obligation of the tenancy has not been breached.
By Warren A. Estis and Michael E. Feinstein
10 minute read
September 03, 2014 | New York Law Journal
Owner Occupancy Update Six Years After 'Pultz'In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss the current landscape of owner occupancy proceedings since the 2008 case 'Pultz v. Economakis,' and write: Notwithstanding a small number of owners who have attempted to vacate entire buildings, the flood of “mass eviction” owner occupancy proceedings, feared in the wake of 'Pultz,' has not materialized.
By Warren A. Estis and Jeffrey Turkel
9 minute read
August 06, 2014 | New York Law Journal
Court Allows Day Care to Operate in Residential Co-opIn their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss the issue of allowing day care facilities to be operated in residential buildings, and write: Bronx County has now ruled, as a matter of public policy, that restrictive covenants in proprietary leases limiting occupancy to residential use are unenforceable with respect to the operation of a licensed “group family day care home.”
By Warren A. Estis and Michael E. Feinstein
9 minute read
July 02, 2014 | New York Law Journal
Substantial Rehabilitation of Buildings as Family UnitsIn their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss a recent ruling that buildings converted on or after Jan. 1, 1974 from commercial to residential use are exempt from rent stabilization, even if the owner has not satisfied all of the substantial rehabilitation requirements.
By Warren A. Estis and Jeffrey Turkel
8 minute read
June 04, 2014 | New York Law Journal
Proprietary Lease 'Trumps' Business Judgment RuleIn their Landlord/Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss "Kaplan v. Park South Tenants Corp," where the court issued an injunction enjoining a co-op from interfering with a tenant's alterations.
By Warren A. Estis and Michael E. Feinstein
9 minute read
March 05, 2014 | New York Law Journal
Luxury Deregulation After J-51 Benefits EndIn their Rent Regulation column, Warren Estis and Jeffrey Turkel of Rosenberg & Estis write: Although the rules for rent stabilized apartments are clear, it remains to be seen how other courts will view DHCR's ruling that high income deregulation is forever prohibited for rent controlled apartments where the building in question has received J-51 benefits.
By Warren A. Estis and Jeffrey Turkel
8 minute read
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