New York Law Journal | Expert Opinion
By Scott E. Mollen | May 12, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "25 CPW City Views LLC v. Cohen," "West 30th Realty LLC v. Castaldo," and " Robertson v. Jones."
By Ira Fierstein | May 7, 2020
There are currently several bills in various stages of being passed into law in several states as of early April, which would restrict, on a temporary basis, the eviction of commercial tenants from their leased premises for failure to pay rent, If these bills get passed. the question then is whether a landlord may enforce the security deposit section of its lease and take the deposit should the tenant miss a rent payment.
New York Law Journal | Analysis
By Andrew J. Luskin | May 7, 2020
While the intention of helping those in need is admirable, the proposed legislation would alter private contract rights, and therefore inescapably bump up against the Contracts Clause of the U.S. Constitution.
New Jersey Law Journal | Analysis
By Kevin W. Weber | May 6, 2020
A New Jersey court is likely to find that allowing tenants to access their security deposits is rationally related to the promotion of a safe and stable housing environment during a public health emergency.
By Morgan Rogers, Jonathan Crotty and Alli Davidson | May 6, 2020
These rulings contain significant holdings for the commercial real estate industry specifically and employers generally.
New York Law Journal | Letter to the Editor
By Alan B. Katz | May 6, 2020
I do not agree that commercial tenants are denied access to the courts.
The Legal Intelligencer | Commentary
By Alan Nochumson | May 5, 2020
These unprecedented times have placed a significant strain on some relationships between landlords and tenants. By doing so, there will be many situations where that relationship is prematurely terminated and the parties must understand their rights and obligations to each other.
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | May 5, 2020
On April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
New York Law Journal | Analysis
By Timothy Macht, Daniel A. Cohen and Jacob Gardener | May 5, 2020
The availability of 'Yellowstone' relief is now more important than ever to allow commercial tenants to withhold rent and assert these defenses without risking loss of their valuable leasehold.
New York Law Journal | Analysis
By David B. Cabrera | May 1, 2020
While the decision is undoubtedly good news for property owners who have rent overcharge cases, this article will address additional case types positively impacted by this decision.
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