Landlord Tenant Law

  • The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law

    Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.

    May 31, 2025Steven M. Silverberg

  • Navigating the Shifting Terrain of Tariffs and Costs In Commercial Real Estate

    With Q2 well underway, the real estate sector faces a uniquely complex economic landscape. Rather than waiting for clarity, industry leaders are shifting from a reactive to strategic approach — adjusting their financial models, planning timelines and investment strategies to remain competitive in a landscape full of variables. The firms that plan best and adapt to the climate are likely to gain an edge.

    May 31, 2025James Wolcott and Robert Matt

  • Landlord & Tenant Law

    Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages

    May 31, 2025New York Real Estate Law Reporter Staff

  • Real Property Law

    Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged

    May 31, 2025New York Real Estate Law Reporter Staff

  • Law Firm Leasing Boomed During Q1 of 2025

    Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.

    May 31, 2025Brenda Sapino Jeffreys

  • FDIC Report Tells Concerning Story for CRE

    The latest quarterly report from the Federal Deposit Insurance Corporation underscores mounting pressure in the commercial real estate sector, signaling potential headwinds for the industry.

    May 31, 2025Erik Sherman

  • Co-ops and Condominiums

    Co-Op Entitled to Withhold Consent to Sublet; Unit Owner Lacks Standing to Challenge Another Owner’s Parking Practices; Fair Housing Act Challenge Dismissed

    May 31, 2025New York Real Estate Law Reporter Staff

  • AI Emerging As Critical Tool for Commercial Real Estate

    In the fast paced world of commercial real estate, AI is emerging as a critical tool to increase efficiency, reduce costs and provide new opportunities. The infusion of AI into the real estate industry has the potential to change how properties are valued, managed and marketed.

    April 30, 2025Brian Peykar

  • How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground

    A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.

    April 30, 2025Robert J. Braverman