New York Law Journal | Expert Opinion
By Scott E. Mollen | June 9, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Vargas v. 112 Suffolk St. Apt. Corp," where the court held the landlord had to correct conditions in order to lift the vacate order on the tenant's premises.
By Dara Kam | June 9, 2020
After shuttering vacation-rental properties in late March, Gov. Ron DeSantis lifted the ban for counties outside of South Florida, with a caveat: County officials had to submit proposed rental procedures to the state and get the go-ahead before bookings could resume.
By Lidia Dinkova | June 8, 2020
At least one tenant who happens to be a landlord says he received a summons despite state and county suspensions.
New York Law Journal | Commentary
By Eliad S. Shapiro | June 8, 2020
Rather than introduce sustainable systemic solutions, the draconian measures set forth in the Bill will yield profound negative consequences for the City's own finances, the real estate market, employment, tenant welfare, the number of foreclosures, and much more.
Daily Business Review | Commentary
By David S. Drobner, Jay Steinman and Phillip Hudson III | June 5, 2020
Even with the beginnings of business reopenings in progress, much damage has already been done. We explore in this article a holistic approach that would help guide all parties through various strategies to weather the crisis and emerge to the subsequent rebound we all hope to find.
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | June 2, 2020
In their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.
New York Law Journal | Analysis
By Eliad S. Shapiro | May 29, 2020
In addition to the profound negative economic consequences that the Bill would have, the Bill likely runs afoul of the U.S. Constitution's Takings Clause because it creates government-coerced tenancies without just compensation to property owners.
By Tom McParland | May 28, 2020
A group of landlords in Westchester County on Thursday sued New York Gov. Andrew Cuomo over his executive order extending a moratorium on evictions during the COVID-19 crisis, saying the measure violated their contract and due process rights and amounted to an improper taking of their property under the U.S. Constitution.
By Terrence Dunn | May 26, 2020
Can a commercial tenant that is required to be closed during the COVID-19 pandemic be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | May 26, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "4 BAB LLC v. Beacon Health Options Inc," where the court dismissed breach claim where the subject amendment did not negate the lease's early termination rights.
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