The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.
Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord
Attorney Fees Not Court-Ordered Cannot Be Recouped by Withholding Rent
On April 26, 2018, a unanimous Court of Appeals held that apartments vacated between 1997 and 2011 will be considered luxury deregulated where the legal regulated rent was $2,000 or more at the time the incoming tenant moved in. The court reversed the First Department, which had held that such apartments would not be deregulated unless the rent was $2,000 or more at the time the outgoing tenant vacated.
Unique Circumstances Require Rent Recomputation
City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance
“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions
LPC's Denial of Hardship Application Upheld
Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction
Spot Zoning and SEQRA Challenges Rejected
Purchaser Adequately Alleged Concealment of Defects
Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives
No Easement Created
Contract Vendee Entitled to Specific Performance
Questions of Fact About Scope of Mortgage
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a Yellowstone injunction in 159 MP Corp. v. Redbridge Bedford,
Part Two of a Two-Part Article
Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).
