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August 08, 2016 | New York Law Journal

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 | New York Law Journal

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.
16 minute read
July 08, 2016 | New York Law Journal

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.
3 minute read
July 06, 2016 | New York Law Journal

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.
17 minute read
June 01, 2016 | New York Law Journal

Airbnb Faces Strong Headwinds in N.Y. Courts

In their Landlord-Tenant column, Warren A. Estis and Alexander Lycoyannis explore some recent court decisions concerning the short-term rental of residential apartments via Airbnb.
29 minute read
May 17, 2016 | New York Law Journal

Standard Lease Does Not Shield Landlord in Dispute, Panel Says

Standard phrasing in an office lease saying a landlord is not responsible for noncompliant certificates of occupancy does not apply to a particular landlord-tenant dispute in Manhattan, an appeals court ruled Thursday.
9 minute read
May 16, 2016 | New York Law Journal

RPAPL §881: Litigating Access to Neighboring Property

Dani Schwartz explores five hidden dangers to avoid when attempting to compel access to adjoining property to perform work on one's own property
22 minute read
May 04, 2016 | New York Law Journal

How Grim is 'Grimm'?

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel examine recent case law interpreting and applying 'Grimm v. DHCRl,' where the Court of Appeals ruled that the four-year look-back period for determining a stabilized rent can be breached where a tenant can establish that the base rent was tainted by fraud; or at the least, can raise a colorable claim of fraud.
16 minute read
April 21, 2016 | New York Law Journal

Panel Says Judge Was Wrong to Postpone License Fee

The owners of a TriBeCa penthouse were entitled to be paid at the same time they lost the use of their terrace, which had a sunken hot tub and outdoor kitchen, due to renovation of the adjacent building, the First Department said Tuesday.
4 minute read
April 19, 2016 | New York Law Journal

Open Issues in RPAPL §881 Litigation

Dani Schwartz discusses RPAPL §881, which governs efforts to compel access to adjoining property to perform work on one's own property, and explores two open issues in the RPAPL §881 case law: the availability of discovery in an proceeding, and whether the statute applies to demolition work.
20 minute read

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