0 results for 'Rosenberg Estis'
'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.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.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.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.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.The Impact of 'Altman' Two Years Later
In their Rent Stabilization column, Warren Estis and Jeffrey Turkel explore the vitality of the landmark Court of Appeals ruling in 'Altman v. 285 W. Fourth LLC' two years after it was issued.Commercial Rent Control Effort Defined by Confusion and Unintended Consequences
New York City's real estate community, particularly the commercial and retail sector, has struggled mightily in recent years, and particularly since June 14, 2019.Predicate Notices Revisited: Termination Notices Must Contain Sufficient Facts
In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the recent decision "266 Washington Ave. v. Davis," which "stands as an important reminder to landlords and their counsel of the harsh consequences of failing to include adequate factual allegations in a notice of termination."Owner Occupancy Under the HSTPA
In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss how the Legislature has begun to sharply limited landlord "personal use evictions" pursuant to the recently enacted Housing Stability and Tenant Protection Act (HSTPA), and how the courts are effectuating the changes.Show You the Money … How Will Depend on Your Note or Guaranty
There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.Trending Stories
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