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Landlord Tenant Law

  • Guaranty In Effect Until Tenant Vacates, Even Though Tenant Remained In Possession Under New LeaseDHCR’s MCI Increase Approval UpheldTenant Entitled to Renewal Lease Despite Terms of Settlement AgreementCounterclaims for Constructive Eviction and Failure to Make Repairs Survive Summary Judgment

    April 30, 2026New York Real Estate Law Reporter Staff
  • An amendment to the New York Condominium Act introduces a mandatory pre-foreclosure notice that condominium boards must send defaulting unit owners before commencing a lien foreclosure action to recover unpaid common charges and assessments.

    April 30, 2026David Blessington and Andrew Braverman
  • Co-Op Corporation Lacks Standing to Challenge Statutory Provision On Cooperative DeconversionCondo Entitled to Preliminary Injunction Against Sponsor’s Distribution of ProceedsQuestions of Fact About Notice Precludes Summary Judgment Against Purchaser At Condominium Lien Foreclosure Sale

    April 30, 2026New York Real Estate Law Reporter Staff
  • ZBA Failed to Accommodate Religious UseDenial of Area Variance and Special Exception UpheldDenial of Site Plan Approval and Subsequent Rezoning Did Not Violate Constitutional RightsRestrictive Covenants Justified Denial of Special Permit and Site Plan ApprovalBoard Erroneously Construed Historic Preservation Law

    April 30, 2026New York Real Estate Law Reporter Staff
  • Mortgagor Equitably Estopped from Challenging Validity of Mortgage

    April 30, 2026New York Real Estate Law Reporter Staff
  • The Court of Appeals' narrow construction in Coalition for Fairness in Soho and Noho, Inc. v. City of New York of the United States Supreme Court’s unconstitutional conditions doctrine raises questions about how the Supreme Court’s exaction-takings jurisprudence should be applied within the state.

    March 31, 2026Stewart E. Sterk
  • The NY Court of Appeals' narrow construction in Coalition for Fairness in Soho and Noho, Inc. v. City of New York of the United States Supreme Court’s unconstitutional conditions doctrine raises questions about how the Supreme Court’s exaction-takings jurisprudence should be applied within the state.

    March 31, 2026Stewart E. Sterk
  • Statute of Limitations Bars Some Claims for Common ChargesCondominium Board’s Fraud Claims Against Sponsors Reinstated

    March 31, 2026New York Real Estate Law Reporter Staff
  • Selective Enforcement Claim Against City Officials DismissedQuestions of Fact Remain on Religious Corporation’s Tax Exemption ClaimBSA’s Interpretation of “Open Area At Curb Level” UpheldArea Variance Annulled for Error of LawIndustrial Development Act Authorizes Financial Assistance to Senior Housing ProjectVariance Denials Preventing Subdivision UpheldDenial of Building Permit for Fence UpheldNeighbors’ Challenge to Certificate of Occupancy Succeeds Because Board Made Error of Law

    March 31, 2026New York Real Estate Law Reporter Staff