Landlord Tenant Law

  • Daily Business Review | News

    Puerto Rican Evacuees Hunt for Housing as Vouchers Expire

    By Mike Schneider and Alanna Durkin Richer | September 13, 2018

    The clock began ticking late last month for hundreds of Puerto Rican evacuees who rely on federal assistance to pay for hotel rooms. A federal judge in Massachusetts set Friday as the deadline for the vouchers to end.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | September 11, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance's effort to recoup DRIE credits.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | September 4, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D'Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant's sale of her restaurant.

  • New Jersey Law Journal | News

    Jury Rejects NJ Attorney General's Religious Bias Case Against Elizabeth Landlord

    By Charles Toutant | September 4, 2018

    Following a four-day trial, the jury acquitted William Greda on four counts of violating the Law Against Discrimination based on his alleged refusal to rent to an applicant who was wearing a Muslim head scarf.

  • New York Law Journal

    Apartment Transfers: Can Tenants Take Their Status With Them?

    By Warren A. Estis and Jeffrey Turkel | September 4, 2018

    Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. In their Landlord-Tenant column, Warren Estis and Jeffrey Turkel examine the questions: (1) If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? And, (2) if the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?

  • New York Law Journal | Expert Opinion

    When Is a Building's Rooftop Considered an Apartment Terrace?

    By Eva Talel | September 4, 2018

    This column features an important recent decision by the Supreme Court, New York County, regarding who has the exclusive right to use a building's rooftop, and succinctly summarizing current law on when directors may be held personally liable for board actions.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | August 28, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses 'Pastreich v. Pastreich,' where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and 'Rosen Associates v. Suburban Props.' where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | August 21, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S., a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants' maintenance arrears; and Hua Hong Industrial v. Diaz where the landlord was held to have violated AC §27-2005(d) by commencing a baseless proceedings against the tenant.

  • New York Law Journal | News

    Split Appeals Court Finds for Landlords in Rent Overcharge Disputes Who Received Tax Abatement

    By Andrew Denney | August 16, 2018

    In a victory for New York residential landlords, the majority on a divided Manhattan appeals court found that there is a hard four-year limit to calculate damages in rent overcharge cases involving buildings where landlords are reaping the benefits of a controversial and complex tax abatement credit.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | August 14, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one's apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.

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