When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?
As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.
Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.
Town Cannot Hold Back Building Permits as Financial Security
Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
Landowner Failed to Exhaust Administrative Remedies
No Duty to Maintain Bulkhead
Self-Conveyance Did Not Sever Joint Tenancy
Promissory Estoppel Not Available to Avoid Statute of Frauds
Presumption of Hostility Sustains Prescriptive Easement Claim
Loft Tenant Subject to Rent Stabilization
Video Surveillance a Substitute for Part-Time Lobby Attendants
Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.
Part One of a Two-Part Article
This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
Resulting Trust Found Where Commercial Property Held in Just One Partner's Name
In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.
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