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New York Law Journal

Failure To Comply With RPAPL Article 13; Housing Discrimination: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Freedom Mortgage Corp. v. Thomas," and "Smith v. Davis."
14 minute read

New York Law Journal

Constitutional Challenge to Recent NY Emergency Tenant Protection Act Amendment

This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions by Senior U.S. District Court Judge Lawrence E. Kahn evaluating a constitutional challenge to recent amendments to New York's Emergency Tenant Protection Act (ETPA), N.Y. Unconsol. Law §8623.
8 minute read

New York Law Journal

Decision of the Day: Queens Judge Grants Class Certification For Tenants Alleging Overcharges by Landlord Receiving 421-a Tax Benefit

This ruling was selected and summarized by the New York Law Journal's decisions editors. 
2 minute read

New York Law Journal

Good Cause Eviction: Uncertainty Abounds in New Law's Provisions

This article will discuss two examples of the open questions concerning the Good Cause Eviction (GCE) law's statutory text: (1) the "small landlord" exemption from GCE's coverage and (2) the new required rent increase notices and their interplay with preexisting rent increase notice requirements.
7 minute read

Law.com

Sui Generis: Collaborate Like You Mean It

This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients' needs.
8 minute read

New York Law Journal

Must a Notice of Default Instruct the Tenant 'How To Cure?' Reconciling a Dichotomy Under the Case Law

"At first blush, adding to the Chinatown test a requirement that the notice instruct the tenant "how to cure" might be viewed as a boon to tenants, because it imposes upon the landlord, as the drafter of the notice, an additional prerequisite to the notice's effectiveness. But in fact, such a requirement would substantially diminish the tenant's rights."
14 minute read

New York Law Journal

Understanding Good Cause Eviction: The Basics

On April 20, 2024 the Good Cause Eviction Law (GCE) was signed into law. Basically, it limits unreasonable rent increases for units that are not already subject to rent regulation, ensures that existing tenants of unregulated apartments are offered renewal leases, and curbs the eviction of free-market tenants except if the owner has "good cause." This article will explore the origins of GCE and explain its key components.
10 minute read

New York Law Journal

Co-op's Action To Remove Tenant's Dog Dismissed; Yellowstone Injunction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "360 E. 72nd St. Owners Inc. v. Wolkoff," and "170 Tillary Corp. v. Gold Tillary Realty."
16 minute read

New York Law Journal

Differences Between Leases and Licenses of Real Property

Parties entering into an agreement for the use of real property should consider whether they intend to create a lease or a license because the nature of the arrangement may significantly affect the rights and remedies of the partiest,
9 minute read

New York Law Journal

'Legal Impossibility' Defense; Rent-Impairing Conditions; Condo Board Members Acting Outside Their Authority: Thias Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "1163 Manor Realty LLC v. La Catrina Mexican Restaurant Corp.," "Eleven Eleven Realty Assoc. v. Elizabeth," and "Carpenter v. Shore Towers Condominium Board of Managers."
15 minute read

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