On November 21, 2012, a Civil Court Judge in Brooklyn issued a ruling in favor of the tenants in Chun v. Raywood. At issue in the case was whether a duplex apartment in a brownstone, renting for over $2,500 per month, was subject to rent…
In the case of 354 East 66th Street v. Curry, the son of the deceased rent stabilized tenant proved to the Housing Court that he had the right to succeed to his mother’s tenancy. The Housing Court awarded Mr. Curry his attorneys’ fees, and the…
Recently, after a non-jury trial, the Court in Terry v 241 West 111th Street, HDFC, NYLJ April 8, 2013 (Sup, NY Engoron, J, April 1, 2013): (A) declared plaintiff was the rightful and lawful holder of the shares and the proprietary lessee of cooperative apartment…
Yesterday marked the 50th anniversary of the United States Supreme Court’s decision Gideon v Wainwright which required states to provide attorneys for indigent people charged with crimes. The case was decided under the Sixth and Fourteenth Amendments to the Constitution. Clarence Gideon had been charged…
A photograph of the 1968 riots at the Democratic convention in Chicago remained displayed on two large screens in the main hall of the Bar Association of the City New York throughout the day at the conference titled “New York City’s Housing Court at 40:…
In order for an apartment to be subject to rent stabilization, along with a number of other criteria, it must be located in a building that contains six or more apartments. Could two seemingly separate buildings that are commonly owned and managed and also share…
Designed to “level the playing field,” Real Property Law section 234 states that whenever a lease provides that a landlord may recover attorneys’ fees and or expenses due to a tenant’s failure to perform any agreement contained in a lease, there is implied a covenant…
Landlords will often rent apartments to tenants claiming that they are not rent stabilized when in fact they are. In two recent cases, the Housing Court found for the tenants. Ron Languedoc represented the tenant in Raywood. Sam Himmelstein and Ron Languedoc represented the tenant…
Many coop tenants whose apartments were damaged by Hurricane Sandy are wondering if they have any rights to financial compensation, in the form of an abatement of maintenance, resulting from their apartments being rendered partially or totally uninhabitable. This post does not address issues regarding…
If my apartment was damaged do I have to pay the full rent? NO. Depending on the extent of the damage, you may be entitled to a rent “abatement” or reduction of the rent that you were required to pay. Under New York law the…
Residents and business owners hit by the storm can begin applying by registering at disasterassistance.gov or by calling (800) 621-3362. FEMA will help with temporary housing and for certain damage that is not covered by homeowner’s insurance. Among the assistance offered, FEMA will provide, to…
In the frenzied rush to rent an apartment in NYC, tenants often rely solely on the representations of brokers, managing agents, and landlords about the type of building they are about to rent. Many of today’s tenants assume they are “deregulated” tenants, or tenants not…
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