Landlord Tenant Law

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott Mollen | July 27, 2021

    In this edition of his Realty Law Digest column, Scott Mollen discusses a co-op case, '800 Grand Concourse Owners v. Charlene Thompson', where the appellate court affirmed a judgment granting a co-op's motion for summary judgment and awarded possession of a cooperative apartment to the petitioner in a holdover summary proceeding; 'JS Equity Holdings 1 LLC v. 527Myrtle LLC', in which the court denied a motion to cancel a notice of pendency; and 'Gridley v. Turnbury Village LLC', a landlord-tenant matter holding that landlord did not engage in fraud to deregulate an apartment.

    14 minute read

  • Daily Business Review | News

    The Related Co. Accused of Relegating Low-Income New York Residents to 'Poor' Building

    By ALM Staff | July 22, 2021

    This suit was surfaced by Radar. Read the complaint here.

    1 minute read

  • New Jersey Law Journal | News

    Panel Vindicates Murphy's Order Allowing Use of Security Deposit for Rent as 'Valid Exercise of Gubernatorial Power'

    By Suzette Parmley | July 22, 2021

    "Appellants argue that EO 128 fails both prongs in that it is neither rationally related to protecting the public from damage related to COVID-19, nor is it closely tailored to the magnitude of the emergency," the appellate panel said. "We disagree, finding both prongs satisfied."

    6 minute read

  • | Commentary

    Landlord Not Liable for Harassment by Fellow Tenants

    By Stewart E. Sterk | July 22, 2021

    In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.

    6 minute read

  • New Jersey Law Journal | News

    Unanimous NJ Supreme Court Rules Landlord 'Created Unreasonable Burden' on Union County With Multiple Tort Letters

    By Suzette Parmley | July 20, 2021

    In "H.C. Equities v. County of Union," the New Jersey Supreme Court ruled that H.C. Equities failed to file a timely Tort Claims Act notice against its commercial tenant and that a finding of substantial compliance cannot be premised on comments by plaintiff's counsel in three different letters with three different dates sent to the defendant's lawyers.

    6 minute read

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott Mollen | July 20, 2021

    In this edition of his Realty Law Digest column, Scott Mollen discusses a contracts case, "110 East 138 Realty v. Rydan Realty', where the court held that a real estate purchaser who defaults on his contract is not entitled to the down payment, and a landlord-tenant case, "Hibbert v. Powell," where the court awarded the tenant punitive damages after the owner shut off the water supply during the pandemic.

    17 minute read

  • Daily Report Online | News

    'A Dangerous Precedent'? Eleventh Circuit Tosses Lawsuit to Lift CDC's Eviction Moratorium

    By Cedra Mayfield | July 14, 2021

    "The court's decision sets a dangerous precedent about what an administrative agency can get away with when it utters the word 'emergency,'" said Caleb Kruckenberg, New Civil Liberties Alliance litigation counsel.

    4 minute read

  • | Analysis

    Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review

    By Gordon F. Peery | July 8, 2021

    A second wave of national security concerns hit real estate markets in the United States — the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.

    12 minute read

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | July 6, 2021

    Scott Mollen, a partner at Herrick, Feinstein, discusses 'Rush Props. v. Riveros', 'Food First HDFC v. Turner' and 'Mayfair Resort Homeowners Ass'n v. LG Lakeside Living'.

    18 minute read

  • New York Law Journal | Analysis

    When Is a Rent Registration 'Proper'?

    By Warren A. Estis and Jeffrey Turkel | July 6, 2021

    RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.

    7 minute read

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