September 03, 2019 | New York Law Journal
Courts Tackle HSTPA IssuesOn June 14, the New York State Legislature enacted the Housing Stability and Tenant Protection Act. Notwithstanding the "philosophical policy debates as to the wisdom of the statute," courts must now go about the "mundane business" of applying the statute to new and pending cases. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss some of these recent cases.
By Warren A. Estis and Jeffrey Turkel
8 minute read
August 06, 2019 | New York Law Journal
Court Finds Lease Allowed Yellowstone Motion ‘After’ Cure Period ExpiredIn their Landlord Tenant column, Warren Estis and Michael Feinstein discuss “255 Butler Associates, LLC v. 255 Butler, LLC,” a "highly unusual case" where, despite the clear rule stating that an application for Yellowstone relief must be made “prior to the expiration of the cure period set forth in the lease and the landlord’s notice to cure,” the Appellate Division, Second Department upheld the Supreme Court’s granting of a Yellowstone motion which had been made after the expiration of the cure period in the notice to cure.
By Warren A. Estis and Michael E. Feinstein
6 minute read
July 02, 2019 | New York Law Journal
HSTPA-2019: Some ObservationsIn their Rent Regulation column, Warren Estis and Jeffrey Turkel write: Rather than add to the flood of articles summarizing the many changes wrought by the Housing Stability and Tenant Protection Act of 2019, some perspective is in order. What the Legislature did is fairly obvious, but there are less apparent and more profound issues at play that bear examination.
By Warren A. Estis and Jeffrey Turkel
7 minute read
June 04, 2019 | New York Law Journal
COA Has Spoken: 'Yellowstone' Relief Can Be WaivedIn their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent landmark decision "159 MP Corp. v. Redbridge Bedford," which they conclude has "fundamentally altered Yellowstone jurisprudence in this state."
By Warren A. Estis and Michael E. Feinstein
8 minute read
May 01, 2019 | New York Law Journal
Owner-Occupancy ProceedingsUnder the Rent Stabilization Code, an owner can refuse to renew a rent-stabilized lease where the owner, in good faith, intends to move into the apartment. Owner-occupancy proceedings are difficult for tenants to defend. In their Rent Regulation column, Warren Estis and Jeffrey Turkel explore case law involving these proceedings.
By Warren A. Estis and Jeffrey Turkel
8 minute read
April 02, 2019 | New York Law Journal
Yellowstone Injunctions Not Available for Incurable DefaultsIn their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent case “Bliss World v. 10 West 57th Street Realty,” where the First Department Appellate Division made it “crystal clear that where a default is incapable of cure, Yellowstone relief may not be available to the tenant.”
By Warren A. Estis and Michael E. Feinstein
5 minute read
February 05, 2019 | New York Law Journal
Court Refuses to Hold Domestic Violence Victim Liable for RentIn their Landlord-Tenant column, Warren Estis and Michael Feinstein use the case Riverwalk on the Hudson v. Culliton to discuss RPL 227-c —an important remedy which provides a domestic abuse victim who has obtained an order of protection with the ability to terminate the lease and be absolved from liability for rent.
By Warren A. Estis and Michael E. Feinstein
6 minute read
December 31, 2018 | New York Law Journal
DHCR's Evolving Policy on Doorman ReplacementIn their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the law surrounding owners seeking DHCR's permission to replace lobby attendants and doormen with security cameras.
By Warren A. Estis and Jeffrey Turkel
7 minute read
October 02, 2018 | New York Law Journal
Nonpayment Proceedings: The “Stale Rent” DefenseIn their Landlord/Tenant column, Warren Estis and Michael Feinstein discuss Webster Ave. Holdings v. Pough, a case which “stands as a reminder that landlords must be diligent in enforcing their rights under the lease to collect rent arrears, and that delays in commencing a proceeding could provide the tenant with a “stale rent” defense.”
By Warren A. Estis and Michael E. Feinstein
6 minute read
September 04, 2018 | New York Law Journal
Apartment Transfers: Can Tenants Take Their Status With Them?Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. In their Landlord-Tenant column, Warren Estis and Jeffrey Turkel examine the questions: (1) If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? And, (2) if the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?
By Warren A. Estis and Jeffrey Turkel
8 minute read
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