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Arbitration Ordered in $1.5 Billion Queens Development Project
A dispute over a deed that has been holding up a $1.5 billion waterfront development in Queens has been ordered into arbitration.Yellowstone Injunctions: Not Always So Routine
After previously writing in their Landlord-Tenant column that Yellowstone injunctions are routinely granted, Warren A. Estis and Michael E. Feinstein discuss how the court in 'LIDC I v. Sunrise Mall' denied a commercial tenant's motion for such an injunction, finding that the tenant failed to show they were prepared to cure their rent default.Court Sees Path for Class Challenge to Rent Overcharge
Tenants who claim they have been overcharged for rent may use class action suits to seek compensation as long as they waive through counsel the treble damages they could seek through Rent Stabilization Law, the state Court of Appeals determined Monday.Tenant and 'Support' Dog Gain Temporary Reprieve on Eviction
"Rosie," a pit bull/boxer mix that her owner claims is an "emotional support dog" needed to remediate mental illness, has won a reprieve in the Southern District, as Judge Edgardo Ramos issued a temporary restraining order barring their eviction.'Ram I v. DHCR': Much Ado About Nothing?
In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss 'Ram I v. DHCR,', and explain why the First Department held that with respect to most rent-stabilized apartments, a landlord regains the right to obtain luxury deregulation once J-51 benefits expire.Court Bites State Agency in Dog Eviction Dispute
New York State's Division of Human Rights has been ordered to pay legal fees to a New York City co-op for botching a disability discrimination claim brought by a tenant threatened with eviction over her pit bull, "Rosie".Chronic Non-Payment Holdover Proceedings
In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss the chronic non-payment holdover proceeding - a landlord's best weapon when faced with having to commence multiple non-payment proceedings against defaulting tenants. They note, however, that if the tenant asserts a valid defense to non-payment, the court may very well conclude that a substantial obligation of the tenancy has not been breached.Owner Occupancy Update Six Years After 'Pultz'
In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss the current landscape of owner occupancy proceedings since the 2008 case 'Pultz v. Economakis,' and write: Notwithstanding a small number of owners who have attempted to vacate entire buildings, the flood of “mass eviction” owner occupancy proceedings, feared in the wake of 'Pultz,' has not materialized.Trending Stories
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