Landlord Tenant Law

In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.

For forward-thinking real-estate investors, mortgage-default litigation can unlock off-market assets, compress deal timelines, and capture risk-adjusted alpha. Indeed, investors can convert distressed credit into dependable, non-correlated returns. The mechanism for unlocking this value often includes the “hammer” that is foreclosure litigation. But it is not that easy.

Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant

Kingston’s Rent Stabilization Ordinance UpheldBroker Discriminated On Basis of Disability and Source of IncomeTenant’s Default In Payment of Rent Precludes Defense Based On Breach of Covenant of Quiet EnjoymentGuarantors Bound By Settlement AgreementTenant Challenge to MCI Increases RejectedLandlord Established That Reconfigured Apartment Was Deregulated

When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the UCC. Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.

Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.

For investors, real estate developers and communities, with new incentives now available and the permanent status of the QOZ program, substantial tax benefits and the opportunity to improve disadvantaged areas are welcome news for 2025 and beyond.

Raising capital for real estate investments can be a challenge — especially when seeking funding from outside the United States. However, with the right strategy, real estate sponsors — and the developers they often partner with — can access a broader pool of global investors and significantly improve tax efficiency.