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September 01, 2020 | New York Law Journal

Recent Major Capital Improvement Rulings

In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss recent cases concerning major capital improvements (MCIs) and find that where a landlord elects to perform an MCI, it must be certain that even its minimal return on investment will be protected.
8 minute read
August 04, 2020 | New York Law Journal

The Rise of Ejectment Actions During the COVID-19 Pandemic

As the courts continue the reopening process, there will be both a backlog of landlord-tenant cases and a pent-up demand to commence new cases, the combination of which will be difficult for the L&T court to manage. In their Landlord Tenant Law column, Warren Estis and Alexander Lycoyannis recommend that "practitioners seeking to advance their clients' rights would be well-advised to consider the ejectment action—which remains a viable avenue for relief."
7 minute read
June 30, 2020 | New York Law Journal

The Strange Case of HSTPA Part J

In "520 Tinton, L.P. v. Harlem United," the court addressed an obscure portion of the HSTPA, embodied in the Part J amendments which granted protection from non-primary residence evictions to not-for-profit entities that provide "scatter site" housing for the homeless. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss whether the amendments are constitutional.
7 minute read
June 29, 2020 | New York Law Journal

New York Law Journal Announces Its 2020 Litigation Departments of the Year

The New York Law Journal would like to congratulate our Litigation Department of the Year winner, our two department finalists and our winners in specialty categories.
2 minute read
June 02, 2020 | New York Law Journal

Temporary Suspension of Personal Guaranties in Commercial Leases

In their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.
7 minute read
May 05, 2020 | New York Law Journal

'Regina' Goes Beyond 'Roberts'-Type Overcharge Cases

On April 2, the Court of Appeals issued its landmark decision in Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal where it held that retroactive application of Part F of the 2019 HSTPA violated the Due Process Clause of the U.S. Constitution. The majority and dissenting opinions are not easily summarized, however, in this article, Warren Estis and Jeffrey Turkel explain what the majority did, and did not, primarily hold.
8 minute read
April 17, 2020 | New York Law Journal

Proposed New York City Commercial Rent Regulation: An Improper Usurpation of State Power

Yet another destructive proposal is pending in the New York City Council and is making owners even more anxious than they otherwise were: commercial rent control.
8 minute read
April 06, 2020 | New York Law Journal

The Distressed Tenant: What's a Landlord To Do?

All real estate is unique. Ultimately, the relationship of the tenant to the property, the neighborhood and the landlord may determine the outcome. Should you allow a tenant to reduce their footprint? Should temporary rent concessions or a renegotiation of the lease term occur? Each of these issues needs to be addressed on a case-by-case basis.
5 minute read
April 02, 2020 | New York Law Journal

Court of Appeals Strikes Part of New York Rent Law, in Win for Landlords

The majority held that, even though the state legislature intended to apply the HSTPA's new provisions to old and pending claims, the scope of the changes were too broad to survive a rational-basis review.
4 minute read
March 31, 2020 | New York Law Journal

COVID-19 and Rent Related Issues

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the potential legal issues that will likely arise as tenants start failing to pay rent as a result of the unprecedented situation happening with the current pandemic.
6 minute read

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