New York Law Journal | Expert Opinion
By Adam Leitman Bailey and Dov Treiman | August 18, 2020
Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Adam Leitman Baily and Dov Treiman discuss the three traditional theories under which commercial tenants can seek forgiveness of their rent.
By Jane Wester | August 12, 2020
New protocols also include mandatory conferences to address, among other things, whether renters have protection under the Tenant Safe Harbor Act, the state's chief administrative judge said. But the Legal Aid Society has estimated that more than 200,000 New York City households are not covered by the law.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 11, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "One Wythe LLC v. Elevations Urban Landscape Design Inc," where the court held the tenant was entitled to attorney fees for non-residential tenant harassment.
New York Law Journal | Expert Opinion
By Allen M. Wieder and Salvatore Gogliormella | August 11, 2020
In their Transactional Real Estate column, Allen Wieder and Salvatore Gogliormella review cases suggesting that courts in New York, California, Texas, and Illinois intend to continue to carefully consider and narrowly construe anti-assignment provisions in leases and other corporate transactional documents.
New York Law Journal | Expert Opinion
By Francis J. Lane, III | August 10, 2020
The final article in this series examines unpredictable Court of Appeals rulings on New York City's residential property management industry in the context of the financial sector; specifically the portion that deals in real estate-backed securities.
By Angela Morris | August 6, 2020
Eric Kwartler, a staff attorney at a Houston law school, says his research found 24% of Houston-area evictions during the pandemic violated the federal eviction moratorium. But landlords' attorney said the number is likely inflated because of confusion what properties the CARES Act protects.
By Warren A. Estis and Alexander Lycoyannis | August 4, 2020
As the courts continue the reopening process, there will be both a backlog of landlord-tenant cases and a pent-up demand to commence new cases, the combination of which will be difficult for the L&T court to manage. In their Landlord Tenant Law column, Warren Estis and Alexander Lycoyannis recommend that "practitioners seeking to advance their clients' rights would be well-advised to consider the ejectment action—which remains a viable avenue for relief."
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 4, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch Inc.,"
New York Law Journal | Expert Opinion
By Francis J. Lane, III | August 3, 2020
This second of the three-part series discusses the effects that Court of Appeals reversals of settled appellate court precedent has had on the residential real estate management industry.
New York Law Journal | Letter to the Editor
By Lucas A. Ferrara and Roger A. Sachar | July 27, 2020
A recent article purports to analyze the Court of Appeals' holding in 'Regina Metro Co. LLC v. New York State Div. of Housing & Community Renewal', and concludes that the "default formula" is only available when a tenant successfully establishes that the base date rent is the result of a "complete fabricated event." The article is both misleading and errant.
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