New York Law Journal | Analysis
By Robert L. Schonfeld | April 4, 2019
Can a landlord be held liable for failing to take prompt action to address a racially hostile housing environment created by one tenant targeting another, where the landlord knew of the discriminatory conduct and had the power to correct it? A divided panel of the U.S. Court of Appeals for the Second Circuit recently ruled in the affirmative that a landlord could be so held liable.
New York Law Journal | Analysis
By Warren A. Estis and Michael E. Feinstein | April 2, 2019
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent case “Bliss World v. 10 West 57th Street Realty,” where the First Department Appellate Division made it “crystal clear that where a default is incapable of cure, Yellowstone relief may not be available to the tenant.”
New York Law Journal | Analysis
By Scott E. Mollen | April 2, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Matter of JNPJ Tenth Ave. LLC v. Dep't of Bldgs,” where a landlord's challenge to its liability for tenant's Airbnb use of the apartment was rejected because the landlord, with reasonable diligence, could have discovered the tenant's intent to sublet her apartment to transient users; and “Queens Neighborhood United v. N.Y.C. Dep't of Bldgs,” where a preliminary injunction to stop ongoing construction was denied because the petitioners failed to exhaust all remedies.
New York Law Journal | Analysis
By Lisa L. Gokhulsingh | March 29, 2019
This article analyzes a case that will be before the New York Court of Appeals, 'He v. Troon', in which the issue is whether an out-of-possession landlord has a non-delegable duty under Administrative Code §7-210 where the condition complained of involves snow and ice.
By Robert Storace | March 28, 2019
The Connecticut Fair Housing Center won the first round of its suit alleging discrimination in how some screening services provide information on prospective tenants to landlords. A federal judge refused to dismiss the suit this week and both sides now prepare for discovery.
New York Law Journal | Analysis
By Scott E. Mollen | March 26, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'Salzberg v. Sena,” where the defendants were granted $50,250 in damages for plaintiffs' unlawful tree removal and trespass; and 'Vernon Manor Co-op Apts. v. Brisport,' where the tenant didn't have to pay a disproportionate late fee.
New York Law Journal | Analysis
By Francis J. Lane III | March 26, 2019
This article is the first in a series examining developments in rent overcharge litigation, which has mushroomed in New York County in the decade since the Court of Appeals upheld the Appellate Division, First Department's decision in 'Roberts v. Tishman Speyer Props., L.P.'
By Greg Land | March 20, 2019
Seventeen-year-old Sariah Wilcoxson was gunned down in front of the Highlands at East Atlanta apartments in January 2016 as she waited at a bus stop when a gang member who lived in the complex opened fire with an AK-47.
New York Law Journal | Expert Opinion
By Scott E. Mollen | March 19, 2019
In his Realty Law Digest, Scott E. Mollen discusses “Weng v. Zhao;” “N.Y.C. Hous. Auth. v. Joseph; Rossman;” v. “Windermere Owners,” and “Smith v. Okopomo.”
New York Law Journal | Analysis
By Scott E. Mollen | March 12, 2019
A discussion of “NRP Holdings LLC v. City of Buffalo,” “Sam & Joseph Sasson v. Guy,” and “Vale Partners LLC v. Partlow.”
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