Landlord Tenant Law

In a decision that could reshape the landscape for landlords across the country, New York’s Appellate Division unanimously ruled that the State Human Rights Law violates the Fourth Amendment to the extent it mandates landlord participation in the federal Section 8 housing voucher program.

Questions of Fact Remain About Application of Special Facts ExceptionUse Variance Upheld Based on Adequate Dollars-and-Cents ProofQuestions of Fact About Whether Board Action Required a SupermajorityNeighbor’s Failure to Join Landowner Requires Dismissal of Article 78 ProceedingAppellate Division Improperly Substituted Its Judgment for That of The Zoning Board of Appeals

Parking Lot Improperly Valued for Commercial DevelopmentLandowner Not Entitled to Compensation for Billboards Operated In Violation of Zoning Ordinance

Questions of Fact Preclude Summary Judgment on Claim to Enjoin NuisanceInsufficient Evidence of Easement to Warrant Vacatur of Preliminary Injunction

Questions of Fact About Board’s Prior Approval of Changes to UnitDismissal of Derivative Claims Reversed

On Oct. 16, 2025, Governor Kathy Hochul signed Senate Bill S7413 into law, amending Section 339-aa of the New York Condominium Act. The amendment 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.

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

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.