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Constitutionality of Tax Sale Practices Questioned Image

Constitutionality of Tax Sale Practices Questioned

Stewart E. Sterk

When a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?

Features

Adapting to the Fair Chance for Housing Act: A New Era for NYC Housing Providers Image

Adapting to the Fair Chance for Housing Act: A New Era for NYC Housing Providers

Cori A. Rosen

New York City enacted the Fair Chance for Housing Act on Jan. 1, 2025, a transformative law reshaping how criminal history influences housing decisions. Its goal is to address the disparate impact that review and consideration of criminal records may have on the ability of persons of color to obtain housing.

Features

Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional Image

Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional

Jack L. Lester & Lawrence K. Marks

This past December, the Appellate Division, First Department struck down a key provision of New York City’s recently amended Zoning Resolution.

Features

City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere Image

City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere

David Rosenberg

New York City’s recently adopted City of Yes for Housing Opportunity (CHO) represents the most significant overhaul of residential zoning regulations in decades. The interplay between existing procedures and new provisions will likely generate significant interpretive questions and litigation as developers seek to take advantage of these opportunities.

Features

'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny Image

'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny

Claude G. Szyfer & Daria D. Anichkova

After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.

Features

Individual Liability of Condominium Sponsor's Principals Image

Individual Liability of Condominium Sponsor's Principals

Stewart E. Sterk

When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.

Features

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers

William J. Geller & Robert J. Braverman

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Features

Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC' Image

Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC'

Ethan R. Cohen

The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.

Features

New York's Good Cause Eviction Law: An Overview and Impact Analysis Image

New York's Good Cause Eviction Law: An Overview and Impact Analysis

Jennifer L. Alexander

The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.

Features

Landlord Liable for Retaliating Against Maker of False Discrimination Claim Image

Landlord Liable for Retaliating Against Maker of False Discrimination Claim

Stewart E. Sterk

What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.

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