New York Law Journal | Analysis
By Michael Rikon | June 25, 2018
In Michael Rikon's Condemnation and Tax Certiorari column, he explores the various ways that property can be taken requiring the payment of just compensation pursuant to the Fifth Amendment.
New York Law Journal | Analysis
By Angela Turturro | June 25, 2018
In this Special Report: "Accessing Your Neighbor's Property: Is Your Dream Project Becoming a Nightmare?," "What Legalizing Marijuana Could Mean for NY Real Estate Attorneys," "Proposed Rent Regulatory Amendments Seek to Shift Balance of Power Toward Tenants," "The Tax Cuts and Jobs Act: A New Opportunity to Use Tax Incentives to Fund Low-Income Projects" and "Giving Co-op and Condo Boards the Right to Grandfather Existing Privileges."
By Jeffrey Turkel | June 22, 2018
A discussion of three proposals introduced by tenant advocates in the New York State Legislature: the Urstadt Law, limits on MCI rent increases, and the elimination of high rent vacancy deregulation. These proposals, and others to come, will be debated in Albany next year when the rent laws come up for renewal.
New York Law Journal | Analysis
By Jonathan Grippo | June 22, 2018
What happens when you need access to a neighbors property for a construction project but the neighbor refuses or an agreement cannot be reached? The answer lies in an infrequently used statute that allows a project owner to petition a court for a license to enter upon a neighbor's property. This article summarize the procedure for obtaining such court-ordered license and identifies some practice pointers for potential litigants.
By Stuart M. Saft | June 22, 2018
The Tax Cuts and Jobs Act of 2017 provides tax incentives for an investment in a qualified “Opportunity Zone,” the goal of which is to facilitate development in targeted low-income, economically distressed communities by encouraging investments used to start businesses, develop abandoned properties or provide low-income housing in the Opportunity Zone.
By Jennifer J. Corcoran and Mario D. Cometti | June 22, 2018
A future marijuana-friendly New York state could have attorneys seeing green as cannabis-based businesses seek assistance navigating the complicated process of state laws, including those related to real estate transactions and landlord-tenant laws.
By Bruce A. Cholst, Karol S. Robinson and Alexander Litt | June 22, 2018
Co-op and condo boards are often obstructed from making policy changes to address shifting trends and needs within their building by longstanding residents who benefit from the existing rules and have come to rely upon them. One popular solution has been to “grandfather” existing accommodations for these residents, but this solution is not without its own problems. The authors suggest a solution to the dilemma.
By Scott E. Mollen | June 19, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the land use case “Brooklyn Ass'n v. N.Y.S. Urban Dev.,” where an Article 78 proceeding challenging the Brooklyn Pier 6 Project was dismissed, and a landlord-tenant case “N.Y.C. Hous. Auth. v. Various Tenants,” where sanctions were imposed on NYCHA for wrongfully suing tenants based on “overlapping rent claims.”
By Kenneth M. Block and Joshua M. Levy | June 19, 2018
In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture.
New York Law Journal | Expert Opinion
By Sidney Kess | June 18, 2018
In his Tax Tips column, Sidney Kess writes: The Tax Cuts and Jobs Act (TCJA), combined with rising mortgage rates, could impact homeowners. For now, prospective buyers and homeowners need to contend with what has and hasn't changed with respect to tax breaks for homeownership as a result of this tax legislation.
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