Landlord Tenant Law

  • Ripeness and Zoning: Why Efforts to Bypass Local Land-Use Decisions Die on the Vine in the Second Circuit

    While the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.

    February 01, 2026Leo Dorfman and Vincent Ferry

  • Landlord and Tenant Law

    Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination

    February 01, 2026New York Real Estate Law Reporter Staff

  • NJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification

    Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.

    February 01, 2026Debra Rosen and Daniel Farino and Charles Dennen

  • Commercial Real Estate Loan Workouts and Right-Sizing, Part 2

    This two-part series examines several options for the commercial real estate loan in distress. The first installment provided a primer on the traditional, more commonplace options available to the parties. This final installment identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today’s market.

    February 01, 2026Richard S. Fries

  • Real Property Law

    Church Entitled to Tax Exemption Because Town Did Not Prove Use Was a Violation of Zoning OrdinanceDetermination In Partition Action Precludes Adverse Possession ClaimQuestions of Fact About Confidential Relationship Precludes Summary Judgment On Constructive Trust ClaimEasement Rights Clarified

    February 01, 2026New York Real Estate Law Reporter Staff

  • NY Court of Appeals Rules on SEQRA Standing for Property Owners

    The NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.

    February 01, 2026John C. Armentano

  • Development

    Claim That Town Violated SEQRA ReinstatedGrant of Area Variance UpheldOrdinance Violates Free Exercise Clause

    February 01, 2026New York Real Estate Law Reporter Staff

  • Co-ops and Condominiums

    Claims By Unit Owners Not Barred By “As Is” Clause In Purchase Agreement

    February 01, 2026New York Real Estate Law Reporter Staff

  • Court of Appeals Rules on 'Good Guy' Guarantees

    The Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.

    January 01, 2026Thomas C. Lambert and Steven Shackman