By Chad Van Horn | September 14, 2022
To avoid falling into the trap of eviction, follow these basics.
New York Law Journal | Expert Opinion
By Scott Mollen | September 13, 2022
Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
New York Law Journal | Analysis
By Deborah Koplovitz and Andrew B. Freedland | August 31, 2022
It seems that a recent case has tacitly recognized that noise from other neighbors and their children in apartment buildings is not unexpected, and unless it is so unreasonable that it precludes a tenant from enjoying the intended function of the apartment, a warranty of habitability claim may not make the kind of good fence that some neighbors wish it would.
New York Law Journal | Expert Opinion
By Scott Mollen | August 30, 2022
Scott Mollen discusses "133 E. 58th Street, LLC v. Honors New York Center for Bridge," where plaintiff's who operated a bridge club attempted to be excused from rent due to impossibility of performance but the court determined to club to be a 'non-essential retail establishment, and "Moody v. The Related Companies," where an FHA discrimination claim was dismissed against the developer of Hudson Yard's affordable rental units.
New York Law Journal | Analysis
By Nativ Winiarsky | August 30, 2022
As seminal a case as 'Regina' may have been, there has been a sharp divergence of opinions in regard to its application as seen by recent decisions issued from both the Appellate Division and Trial Court levels.
New York Law Journal | Expert Opinion
By Scott Mollen | August 23, 2022
Scott Mollen discusses "Family Health Mgmt. v. Rohan Dev.," and "Neighborhood Housing Assoc. LLC v. Covington."
By Mike Schneider | August 22, 2022
"It is adverse and antagonistic to the public interest and to the interests of the Plaintiffs and their members to allow the Rent-Control Ordinance to be placed on the ballot or enforced by Orange County where the Ordinance is unlawful and invalid," the associations said in court papers.
By Jason Grant | August 18, 2022
In a news release that linked the "Assurance of Discontinuance" agreement, James pointed to the Housing Stability and Tenant Protection Act of 2019, which "outlawed efforts to deny housing to renters with a history of landlord-tenant court cases."
New York Law Journal | Expert Opinion
By Scott Mollen | August 16, 2022
Scott Mollen discusses Lemberg Found. v. Shuttleworth Artists," and "Boston LLC v. 35 West Realty Co., LLC."
New York Law Journal | Commentary
By David Hershey-Webb | August 10, 2022
There are good landlords and bad tenants. But there's a big difference. When a landlord loses, he or she or they (or in most cases large impersonal entities) may lose money. When a tenant loses, he or she or they loses a home.
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