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April 06, 2020 | New York Law Journal

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.
5 minute read
April 02, 2020 | New York Law Journal

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.
4 minute read
March 31, 2020 | New York Law Journal

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.
6 minute read
March 03, 2020 | New York Law Journal

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.
8 minute read
February 07, 2020 | New York Law Journal

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.
8 minute read
February 04, 2020 | New York Law Journal

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."
4 minute read
January 28, 2020 | New York Law Journal

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.
7 minute read
December 26, 2019 | New York Law Journal

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.
7 minute read
December 03, 2019 | New York Law Journal

HSTPA Applies to Notice of Nonrenewal Predating Effective Date of the Law

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?
5 minute read
November 13, 2019 | New York Law Journal

Commercial Property Tax Rates To Increase

Commercial buildings really could have used the tax break. Retail has suffered through increased vacancy and lower asking rents. Hotel supply outpaces demand while RevPAR falls.
6 minute read

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