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Texas Lawyer

Grappling With the Confusing Holding of Rohrmoos for Landlord-Tenant Law

This article focuses on Rohrmoos'—apparent—collapsing of the distinction between the implied warranty of suitability in a commercial lease and a material breach of lease and offers insight into what both transactional and litigation lawyers should consider in evaluating commercial leases post-Rohrmoos.
6 minute read

New York Law Journal

Rights of Lessees Against Neighboring Lessees; ERAP Application Cannot Be Used To Delay Eviction: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
15 minute read

Law.com

Governor Acted Within Authority: Split 5-4 Washington Supreme Court Upholds COVID-19 Eviction Moratorium

"This case concerns a challenge to the scope and limitation of the emergency powers statute, RCW 43.06.220, and whether the governor exceeded statutory or constitutional authority in issuing eviction moratorium proclamations in response to the COVID-19 pandemic," Justice Charles W. Johnson wrote in his dissent. "I would hold that the governor exceeded statutory authority when issuing the eviction moratorium proclamations."
5 minute read

New York Law Journal

Incarcerated Son Seeks Succession Rights; Waiver of Bargained for Lease Provisions: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "169-175 Operating LLC v. The Estate of German Marrero," dealing with the succession fights of an incarcerated individual to his deceased father's regulated apartment, and "57th & 7th Associates, L.P. v. Osborne Tenants Corp." where the court held that the landlord's acceptance of rent did not constitute a waiver of prohibition on outdoor seating.
11 minute read

New York Law Journal

Commercial Tenant Harassment; Retroactivity of FAPA; Nonpayment Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses 'WCB Holdings, LLC v. 421 W 14 Lessee,' 'US Bank N.A. v. Johns,' and '609 West Associates, L.P. v. Estrella.'
13 minute read

New York Law Journal

WeWork's Potential Bankruptcy Raises Issues for Landlords and Member-Tenants

In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
8 minute read

Law.com

NY Cannabis Licensing / California Hemp Lawsuit / Shopify Sued / Landlords as Cannabis Enforcers

New York will start accepting applications for general adult-use cannabis business licenses Oct. 4. But there are a lot of questions still left to answer in the coming weeks, two Foley Hoag partners said.
8 minute read

New York Law Journal

Eviction Proceeding on 'Hoarder' Tenant Dismissed; No-Cure Provision Held Void as Against Public Policy: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
14 minute read

Daily Report Online

Ga. Appellate Judges Mull Landlord Responsibility in Premises Liability Case Involving Child Shooting

There was some debate among the judges regarding whether a child simply holding the weapon at an apartment complex was a crime.
5 minute read

New York Law Journal

The Barring of Rent in the Absence of a Certificate of Occupancy—A Rule Still In Need of Much Clarification

It has long been understood that if a building which is a multiple dwelling does not have a certificate of occupancy, the owner may not maintain a non-payment proceeding for the recovery of rent. Despite the seeming clarity of the rule, issues concerning a lack of this certificate have spawned considerable litigation, often leading to a surprising number of disparate and conflicting results.
11 minute read

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