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Warren A Estis

Warren A Estis

September 03, 2019 | New York Law Journal

Courts Tackle HSTPA Issues

On 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 Expired

In 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 Observations

In 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 Waived

In 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 Proceedings

Under 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 Defaults

In 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 Rent

In 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 Replacement

In 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” Defense

In 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