By Gregg J. Loubier and Sue Chang | April 27, 2020
This article surveys current restrictions on the California landlord's eviction remedy and shines a light on how landlords and tenants are managing rent defaults during the crisis.
New Jersey Law Journal | Commentary
By Louis Locascio | April 27, 2020
OP ED: The majority opinion in a recent case relied upon the absence of the word "radiator" from the regulation, to conclude that a radiator is not a part of the heating system, and therefore the landlord is not required to cover it with insulating material. This retired judge disagrees.
By Jonathan Erway | April 23, 2020
New Jersey lawyer stepping up during the COVID-19 crisis.
New York Law Journal | Expert Opinion
By Scott E. Mollen | April 21, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Surfair Equities Inc. v. Marin," "6914 Ridge Blvd LLC v. Delao" and " W. 8th St. Assocs. LLC v. Ortiz."
New York Law Journal | Commentary
By Alexander Lycoyannis and Dejan Kezunovic | April 17, 2020
Yet another destructive proposal is pending in the New York City Council and is making owners even more anxious than they otherwise were: commercial rent control.
New York Law Journal | Expert Opinion
By Scott E. Mollen | April 14, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses a partition case, 'Chasewood v. Kay,' and a commercial landlord-tenant case 'Riverdale Realty Dev. v. EJM Rest. Corp.'
New York Law Journal | Analysis
By Massimo F. D'Angelo | April 8, 2020
The 'Regina' decision will have significant reverberations for the real estate market going forward, as it will unfreeze the chill over the purchase and sale of rent-regulated buildings.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John Desiderio | April 7, 2020
New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.
New York Law Journal | Analysis
By Jack J. Rose | April 6, 2020
All real estate is unique. Ultimately, the relationship of the tenant to the property, the neighborhood and the landlord may determine the outcome. Should you allow a tenant to reduce their footprint? Should temporary rent concessions or a renegotiation of the lease term occur? Each of these issues needs to be addressed on a case-by-case basis.
By John G. Kelly | April 2, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
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