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By Mason Lawlor | June 29, 2023
"Smith certainly has defenses to the Rivers' claims, and those defenses may be good ones, but our reading of precedent convinces us the magistrate's jurisdiction ends as soon as it becomes clear that there is a challenge to title and the traditional landlord-tenant relationship does not exist," Judge Blake A. Hewitt concluded, with Judges Paula H. Thomas and Stephanie McDonald concurring.
4 minute read
By Allison Dunn | June 27, 2023
"Today's action signals that enough is enough when it comes to the alleged misconduct of a major landlord who is placing the health and safety of Rhode Islanders at risk. Let's cut right to it—as alleged, profits are being placed over basic human dignity and that cannot stand," Rhode Island Attorney General Peter F. Neronha said in a statement June 6. "In Rhode Island, nearly 500 children are lead poisoned every year. It is preventable, and the toll that these children and we as a community pay is enormous. This office is committed to stopping the lead poisoning of children, be it through prosecution as in this case, or through proactive legislation."
3 minute read
By Scott Mollen | June 27, 2023
Scott Mollen discusses "Trump Vil. Section 4 Inc. v. Vilensky, and "ZB Prospect Realty v. Olenick."
12 minute read
By Jack Rogers | June 27, 2023
Landlords say 3% not enough to cover costs, tenant advocates say it's too much.
4 minute read
By Cedra Mayfield | June 23, 2023
"The [Supreme Court of Georgia] said itself, 'the substance of the relationship controls,' and that's what we've been saying all along," said appellee counsel Lindsey Siegel of the Atlanta Legal Aid Society.
6 minute read
By Michael Casey and R.J. Rico | The Associated Press | June 20, 2023
After a lull during the pandemic, eviction filings by landlords have come roaring back, driven by rising rents and a long-running shortage of affordable housing.
7 minute read
By Allison Dunn | June 9, 2023
Despite a provision in a commercial lease that prohibited electronic notice, the Massachusetts Appeals Court sided with a tenant in holding that an email to its landlord constituted effective notice to opt out of an automatic five-year lease extension.
5 minute read
By ALM Staff | June 7, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Scott Mollen | June 6, 2023
This week, Scott Mollen discusses 'Kazoku LLC v. Bd. Of Mgrs. of the Museum Bldg." where the court held that board members who did not act in bad faith cannot be subject to personal liability, and the Landlord-Tenant case "Baldwin v. McCarry," where it was found that the landlord failed to prove that the use of the cooperative form of ownership did not in reality constitute a "de facto for-profit rental building."
17 minute read
By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr | June 6, 2023
Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
7 minute read
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