Landlord Tenant Law

Two recent cases raised a recurring real property issue: When can a party burdened by a restrictive covenant obtain judicial removal of the covenant pursuant to RPAPL 1951? The cases shed modest light on this muddy issue.

Landlord Entitled to Change Locks As a Result of Tenant BreachConstructive Eviction Unavailable When Tenant Remained In Premises After Failing to Pay RentProof Required In Tenants’ Action to Establish Landlord Illegally Inflated Rents

Local Law Prohibiting Landfills Invalid for Failure to Comply With SEQRANeighborhood Group May Not Intervene In Challenge to ZBA DeterminationDenial of Area Variances Upheld

Trespass Claim Upheld When Contractor Entered Landowner’s Parcel During ConstructionTitle Insurer Not Liable for Adverse Possession Claim When Policy Excepted Claims of Persons In PossessionEstate Administrator’s Deed Not Void Because Administrator Had Apparent Authority

Unit Owners’ Discrimination Claim Survives DismissalFiduciary Duty Claims Against Sponsor Reinstated

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