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December 06, 2016 |

'Hamilton': Enforcement of Holdover Rent Provisions

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 'Hamilton 65th Partners, LLC v. Smallbone Inc.', which illustrates how a landlord's conduct may preclude enforcement of a holdover rent provision.
13 minute read
November 01, 2016 |

Conditional Rentals Can Lead to Default Rent Formula

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss how some landlords have been known to insert clauses into leases where the incoming tenant represents that they will not be a primary resident of the apartment. This is usually part of a scam to "deregulate" an apartment that was otherwise subject to rent stabilization. They explain that such clauses are illegal and discuss how these clauses have resulted in adverse consequences to both individual landlords and the real estate industry as a whole.
15 minute read
October 04, 2016 |

Due Process Requirements Regarding Section 8 Tenants

In their Landlord-Tenant Law column, Warren A. Estis and Michael E. Feinstein discuss 'West Farms Estates v. Aquino' where a landlord attempting to evict a Section 8 tenant based on her son's criminal activity was held to have violated the tenant's constitutional rights.
10 minute read
September 23, 2016 |

Despite Controversy, Judge Ling-Cohan Makes Re-Election Ballot

At a nominating convention Thursday evening, delegates of the Manhattan Democratic Party voted overwhelmingly to put Supreme Court Justice Doris Ling-Cohan on a re-election ballot in November.
11 minute read
September 07, 2016 |

Newly Created Apartment is Luxury Deregulated

In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel discuss case law, "First-Rent Rule" case law, including 'Rubin v. Decker Assoc.,' and write: The creation of new units has always been the gold standard for raising rents and avoiding rent overcharge claims. As 'Rubin' makes clear, creating a new unit has the added benefit of permanently deregulating that unit if the first rent charged exceeds the luxury deregulation threshold.
15 minute read
August 31, 2016 |

Common Law Right to Use Self-Help to Evict a Commercial Licensee

Joshua Kopelowitz discusses using self-help to evict commercial occupants who have stayed beyond their terms. At the root of this method is knowing the difference between a license and a lease. Thus, he writes, there can be no doubt that a commercial licensor has a viable alternative to seeking a judgment of possession in court.
19 minute read
August 08, 2016 |

Rent Control Covers Spouse in Care Facility, Panel Says

A Manhattan landlord cannot deregulate a rent-controlled apartment by considering the income of a spouse who had moved into an assisted-living facility, a New York appeals court has ruled.
4 minute read
August 02, 2016 |

Landlord's Noncompliance Leads to Contempt Charge(s)

In their Landlord-Tenant Law column, Warren Estis and Michael Feinstein discuss the case "729 Prospect Realty Service Corp. v. Rodriguez," where the court held a landlord in both civil and criminal contempt of court for what it considered "an obvious and flagrant failure" to comply with prior court orders.
14 minute read
July 08, 2016 |

Landlords Challenge Rent Guidelines Decision

The Rent Stabilization Association filed a suit in Manhattan Supreme Court Thursday charging that the recent rent freeze was based on tenant affordability, which it says violates the rent stabilization law. It states the freeze was approved to accommodate Mayor Bill de Blasio's political agenda.
2 minute read
July 06, 2016 |

Individual Apartment Improvements: an Overview

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss a landlord's right to add new equipment and improvements to an apartment, thus enabling a rent increase.
15 minute read

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