By Raychel Lean | December 6, 2018
The decision from Florida's Third District Court of Appeal throws out an injunction that had stopped the City of Miami from banning vacation rentals. With the ban reinstated, Airbnb hosts in some Miami neighborhoods will no longer be able to rent out their homes.
By Raychel Lean | December 6, 2018
The decision from Florida's Third District Court of Appeal throws out an injunction that had stopped the City of Miami from banning vacation rentals. With the ban reinstated, Airbnb hosts in some Miami neighborhoods will no longer be able to rent out their homes.
New York Law Journal | Analysis
By Scott E. Mollen | December 4, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Via Port New York v. Sears,” where the court held that Sears did not breach its lease terms or contract when it closed its mall store; and “Forest Enter. Mgmt. Inc. v. The county of Warren,” an eminent domain action, where the county incurred an independent obligation to pay just compensation.
New York Law Journal | Analysis
By Patricia Kane | December 4, 2018
In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Help Social Services v. John,' which they describe as a "cautionary reminder that, particularly when dealing with pro se tenants, stipulations of settlement may ultimately not be enforced, and may not accomplish the goal of finality which had hoped to be achieved."
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | November 30, 2018
We think the tenant's position was an untenable “stretch” and the Appellate Division got it absolutely right. The tenant was correctly evicted.
New York Law Journal | Analysis
By Scott E. Mollen | November 27, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses '273 Lee Avenue Tenants Ass'n v. Steinmentz,' where issues of fact existed as to whether the landlord's actions were motivated by discrimination; and 'Matter of Healy v. Town of Hempstead Bd. of Appeals,' where a board of appeals' SEQRA declaration was found fatally flawed, vacating the board's determinations.
New York Law Journal | Analysis
By Scott E. Mollen | November 20, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Milone v. US Bank Nat'l Ass'n,” where the court held notice did not establish the bank's standing to de-accelerate the prior mortgage payment demand, and “Webster Ave. Holdings v. Pough,” where the tenant was awarded partial summary judgment on a laches defense.
By Lidia Dinkova | November 19, 2018
Eric Bason sued for discrimination saying he was turned away from renting a North Miami apartment because he uses Section 8 vouchers to help pay rent.
New York Law Journal | Analysis
By George M. Heymann | November 14, 2018
With the Democrats poised to take control of the State Senate in January 2019, coupled with a Democratic Assembly, major changes regarding rent regulated apartments will be in the pipeline.
New York Law Journal | Analysis
By Scott E. Mollen | November 13, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three cases: the landlord-tenant case “Morris v. Morris,” where the court found that a familial relationship required dismissal of the licensee proceeding and that an adoptive or biological relationship is irrelevant; “101 W. Owner I LLC v. 715-723 Sixth Ave. Owners Corp., which involved a special proceeding to confirm an appraisal award arising from a rent reset proceeding, and “Plotch v. Wells Fargo Bank,” where the court rejected the plaintiff's claim that he lacked notice based on the notary's illegible signature.
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