Features
New York's Good Cause Eviction Law: An Overview and Impact Analysis
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
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.
Features
Supreme Court Limits Impact Fees
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
Features
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Features
Guarantor Liability for Post-Window-Period Rent
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Features
RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
Features
When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?
Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.
Features
Local Law 18: A Change to Short-Term Rentals In New York City
On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.
Features
What Is Property for Due Process Purposes?
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
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