There are two popular misconceptions that many non-lawyers (and maybe even some lawyers) have about the law. One is that there is a “right” and “wrong” answer to every legal question. Another is that the legal system is a place to find justice. Regarding the…
Like spores brought to life by a new leak, mold cases are back after 4 dormant years, due to the March 2012 Appellate Court decision of Cornell v. 360 West 51st Street Realty LLC. Mold claims went dormant 4 years ago when the appellate court…
Last week the Supreme Court declined to hear a challenge to New York’s rent stabilization laws, Harmon v. Kimmel, brought by an Upper West Side landlord. In the case landlord James Harmon argued that the rent laws amounted to a “taking” of property in violation of…
Rent Controlled tenants won a big victory recently when Supreme Court Justice Schlomo S. Hagler upheld a DHCR decision denying “hardship” rent increases for 27 elderly tenants living at London Terrace Towers in Chelsea. London Terrace Associates v. DHCR v. Four Corners Tenants Association, Index…
Virtually all forms of rent regulation in New York City-Rent Stabilization, Rent Control, Mitchell-Lama to name a few-require that the apartment be maintained as the tenant’s primary residence. Clients will often say to me at an initial consultation something like this: “The apartment is my…
Housing Part or “HP” actions are great tools for tenants, shareholders and, in some cases, even condo unit owners, to obtain needed repairs in their apartments. This blog is a general introduction to this effective tool. In future blogs, I will address HP actions from…
When I represent a client who is purchasing a co-op or condo apartment, it is important to look into the finances of the Co-operative or Condominium. A co-op or condo owner does not just own their own apartment. The owner owns a part of the…
Cluttering, hoarding, accumulated “stuff” piled high and wide, a condition referred to as a Collyers syndrome (see E.L. Doctorow, Homer and Langley and reality show Hoarders), is the basis for a nuisance eviction case brought routinely by landlords. Extreme hoarding involves the unwillingness or inability…
The general rule in American courts (the so-called “American rule”) is that each party to a lawsuit bears his/her own legal expenses. Landlord-tenant litigation is sometimes an exception to that rule. Tenants who would like to know whether they may have to pay the landlord’s…
Tenants suffering hard economic times have taken to renting their apartments for short term overnight or weekend stays, only to discover-often when it’s too late-that renting out some or all of a rent regulated apartment is not permitted under the Rent Stabilization Code. In fact,…
Over the years, I have successfully represented many clients in succession cases. In the past, succession rights cases were straightforward and simple. Generally, a practitioner would look at three (3) factors: (a) first, the date the tenant of record left or vacated the premises; (b)…
On January 3, 2012, the New York State Court of Appeals will hear argument in the Terrace Court LLC v. DHCR v. Katel, et. al. case. In that case the New York State Division of Housing and Community Renewal (“DHCR”) ruled that, after a facade…
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