Warren A Estis

June 06, 2017 | New York Law Journal

In their Landlord-Tenant Law column, Warren A. Estis and Michael E. Feinstein discuss how the Appellate Term limits the extent of the "Familial Exception" to the maintenance of a summary proceeding.

By Warren A. Estis and Michael E. Feinstein

11 minute read

April 04, 2017 | New York Law Journal

In their Landlord-Tenant column, noting a split of authority, Warren A. Estis and Michael E. Feinstein discuss '757 Miller Owners v. Smith,' which held that the tendering of a renewal lease under Rent Stabilization Code vitiates a previously issued notice of termination.

By Warren A. Estis and Michael E. Feinstein

11 minute read

February 28, 2017 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss the topic of "substantial rehabilitation" and look at whether units converted from commercial to residential use are exempt from "stabilization per se."

By Warren A. Estis and Jeffrey Turkel

14 minute read

January 31, 2017 | New York Law Journal

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss "Heywood Condominium v. Wozencraft," where the Appellate Division, First Department, affirmed the eviction of a condominium unit owner for non-payment of common charges.

By Warren A. Estis and Michael E. Feinstein

10 minute read

January 03, 2017 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel examine how the Appellate Division in 'Altman v. 285 W. Fourth, LLC' and the Appellate Term in 'Aimco 322 E. 61st Street v. Brosius' have arrived at differing interpretations of the same statutory deregulation threshold scheme.

By Warren A. Estis and Jeffrey Turkel

15 minute read

December 06, 2016 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 'Hamilton 65th Partners, LLC v. Smallbone Inc.', which illustrates how a landlord's conduct may preclude enforcement of a holdover rent provision.

By Warren A. Estis and Michael E. Feinstein

14 minute read

November 01, 2016 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss how some landlords have been known to insert clauses into leases where the incoming tenant represents that they will not be a primary resident of the apartment. This is usually part of a scam to "deregulate" an apartment that was otherwise subject to rent stabilization. They explain that such clauses are illegal and discuss how these clauses have resulted in adverse consequences to both individual landlords and the real estate industry as a whole.

By Warren A. Estis and Jeffrey Turkel

17 minute read

October 04, 2016 | New York Law Journal

In their Landlord-Tenant Law column, Warren A. Estis and Michael E. Feinstein discuss 'West Farms Estates v. Aquino' where a landlord attempting to evict a Section 8 tenant based on her son's criminal activity was held to have violated the tenant's constitutional rights.

By Warren A. Estis and Michael E. Feinstein

11 minute read

September 07, 2016 | New York Law Journal

In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel discuss case law, "First-Rent Rule" case law, including 'Rubin v. Decker Assoc.,' and write: The creation of new units has always been the gold standard for raising rents and avoiding rent overcharge claims. As 'Rubin' makes clear, creating a new unit has the added benefit of permanently deregulating that unit if the first rent charged exceeds the luxury deregulation threshold.

By Warren A. Estis and Jeffrey Turkel

16 minute read

August 02, 2016 | New York Law Journal

In their Landlord-Tenant Law column, Warren Estis and Michael Feinstein discuss the case "729 Prospect Realty Service Corp. v. Rodriguez," where the court held a landlord in both civil and criminal contempt of court for what it considered "an obvious and flagrant failure" to comply with prior court orders.

By Warren A. Estis and Michael E. Feinstein

16 minute read