Landlord Tenant Law

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | January 7, 2020

    In his Realty Law Digest, Scott E. Mollen discusses the recent landlord-tenant cases "Maddicks v. Big City Properties," and "Varley v. Elk."

  • Daily Report Online | Commentary

    Limited Representation Helps Tenants Who Would Otherwise Face Eviction Alone

    By Darcy McLean Meals | December 31, 2019

    Sharing simple information about the law and the eviction process can help tenants buy time to relocate or to negotiate a different outcome with their landlords.

  • New York Law Journal | Analysis

    Show You the Money … How Will Depend on Your Note or Guaranty

    By Joshua Kopelowitz and Anthony J. Virga | December 26, 2019

    There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.

  • New York Law Journal | Analysis

    Rent Overcharge by the Numbers: The HSTPA's 'New Math'

    By Francis J. Lane | December 24, 2019

    The New York state legislature enacted the Housing Stability and Tenant Protection Act of 2019 this past June. The amendments that it made to the Rent Stabilization Law now require an attorney faced with a rent overcharge claim to solve at least two sets of mathematical word problems when evaluating the claim. This article is one dread-stricken lawyer's search for a step-by-step approach to dealing with those rent overcharge math problems.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 17, 2019

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. v. Lax," where the court found the decedent's wife benefitted directly from a sham transactions to shield assets from the IRS. Also discussed is "N.Y.C. Hous. Auth. v. Various Tenants, Number II," and "Zagorski v. Makarewicz."

  • New York Law Journal | Analysis

    Sweeping Reforms to Rent Overcharge Under New Rent Laws

    By Massimo F. D'Angelo | December 13, 2019

    The HSTPA's radical rental overcharge reforms have fundamentally altered not only the practice of real estate law going forward, but the real estate market, as well.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | December 10, 2019

    In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant cases: "151 Realty LLC v. Alava," and "Milltex Distrib. LLC v. Cameron Stewart Inc," and a foreclosure case: "NYCTL 1998-2 Trust v. Alanis Realty LLC."

  • New York Law Journal | Expert Opinion

    The Intended Consequences of the HSTPA

    By David Hershey-Webb | December 10, 2019

    In his Housing Law column, David Hershey-Webb discusses the benefits for tenants of the new Housing Stability and Protection Act, which he describes as "the strongest rent regulations in decades and a first step in bringing balance back to the rental real estate market." He recognizes, however, that all new laws have "unintended effects" and revisions may have to be made If any of these unintended effects undermine the beneficial intended effects of the new law. 

  • New York Law Journal | Expert Opinion

    HSTPA Applies to Notice of Nonrenewal Predating Effective Date of the Law

    By Warren A. Estis and Michael E. Feinstein | December 3, 2019

    In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen is a partner at Herrick, Feinstein. | November 26, 2019

    In his Realty Law Digest, Scott E. Mollen discusses two commercial landlord-tenant decisions: "Aerotek, Inc., Teksystems, Inc. v. MEPT 757 Third Avenue," and "St. Luke's-Roosevelt Hosp. v. Westside Radiology Assocs.," and a residential landlord-tenant decision "People's Home Improvement v. Kindig."

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