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Landlord & Tenant Law
DHCR Had Rational Basis for MCI Determination
Matter of MM&I Realty Cl., LLC v. Division of Housing and Community Renewal NYLJ 11/19/21, p. 27, col. 6 AppDiv, Second Dept. (memorandum opinion)
In landlord's article 78 proceeding challenging DHCR's denial of its application for a major capital improvement rent increase, landlord appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that DHCR's determination had a rational basis.
Landlord filed for a rent increase following completion of a project that involved pointing, waterproofing, and installation of a new intercom system. The District Rent Administrator denied the application because landlord's application was submitted within the 15-year useful life of work for which landowner had previously obtained an MCI increase, and landlord had not sought a waiver of the useful life requirement. The Deputy Commissioner upheld that determination, and landlord then brought this article 78 proceeding. When Supreme Court denied the petition, landlord appealed.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Generative AI and the 2024 Elections: Risks, Realities, and Lessons for Businesses
GenAI's ability to produce highly sophisticated and convincing content at a fraction of the previous cost has raised fears that it could amplify misinformation. The dissemination of fake audio, images and text could reshape how voters perceive candidates and parties. Businesses, too, face challenges in managing their reputations and navigating this new terrain of manipulated content.