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November 06, 2013 | New York Law Journal

Court Rejects DHCR Succession Interpretation

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis, discuss 'Murphy v. New York State Division of Housing & Community Renewal,' where the Court of Appeals, by a 4-3 margin, determined that the DHCR had misinterpreted its own succession regulation with respect to a Mitchell-Lama tenant.
8 minute read
October 30, 2013 | New York Law Journal

The Experts

The New York Law Journal thanks our legal columnists who have been contributing to the Law Journal from the 1960s to the present day.
10 minute read
October 28, 2013 | New York Law Journal

'Rosie'—and Her Owner—Are Reprieved From Eviction

A shareholder in the Lower East Side's East River Housing co-op has won a reprieve from a court order that she get rid of her pet pit bull, which she says she needs to deal with her depression, or be evicted.
2 minute read
January 06, 2010 | New York Law Journal

Rent Regulation

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, analyze a recent decision by New York County Supreme Court Justice Alice Schlesinger in which she upheld a provision of the Rent Stabilization Code which states that prior regulation under Mitchell-Lama does not, of itself, allow a landlord to obtain rent increases for "unique or peculiar" circumstances under rent stabilization.
10 minute read
July 06, 2005 | New York Law Journal

Mitchell-Lama

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that the Court of Appeals has ruled that owners of former Mitchell-Lama buildings completed on or before March 10, 1969 can apply for "unique and peculiar" rent increases under the Rent Stabilization Law with respect to any apartment which has had a vacancy since June 30, 1971.
9 minute read
May 02, 2007 | New York Law Journal

Rent Stabilization

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that landlords and their rent regulated tenants frequently litigate disputes that are settled by a stipulation, "so ordered" or otherwise. In two recent cases, however, the Appellate Division, First Department held that such settlement were, in whole or in part, void as against public policy.
8 minute read
November 02, 2011 | New York Law Journal

Major Capital Improvement 'Useful Life' Requirement

Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis review a recent case involving major capital improvement rent increases and a landlord's upgrade to an elevator which had previously had a new controller and brake installed within the 25-year useful life schedule for such an improvement.
8 minute read
May 04, 2011 | New York Law Journal

Court Confirms Board Authority to Increase Rents

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review the Court of Appeals recent ruling that the New York City Rent Guidelines Board is authorized to impose discrete, minimum rent increases on certain low-rent rent stabilized apartments that have been continuously occupied for many years.
8 minute read
July 07, 2010 | New York Law Journal

Courts Differ on Timing Issues In Owner-Occupancy Cases

In their Rent Regulation column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that two recent cases establish that courts disagree as to the legality - and the logistics - of an owner's attempt to recover a significant number of rent-stabilized apartments on owner occupancy grounds.
9 minute read
May 05, 2010 | New York Law Journal

DHCR Clarifies Ruling; Bill Suggests Relief to Landlords

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: As the dust continues to settle, some of these questions raised in Roberts v. Tishman Speyer Properties are now being answered. Indeed, the state Division of Housing and Community Renewal has issued two clarifying rulings in recent weeks. In addition, proposed legislation would allow landlords to avoid the consequences of Roberts by refunding past J-51 benefits and waiving future benefits.
9 minute read

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