Landlord Tenant Law

Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
Unlawful Entry and Detained Proceeding Requires Proof of Possession

Insurance Lapse Deemed Not Curable
Uncertain Method for Determining Future Rent Dooms Renewal Rights

The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.

Assignment of Right to Purchase Held Not Fraudulent

One of the many provisions of last year's tax overhaul was the creation of a little-noticed program called Opportunity Zones, which was designed to give investors tax breaks for investments in designated areas. Now, attention is starting to pick up as the program takes shape.

Temple Awarded Specific Performance of Agreement to Reconvey
Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale
Questions of Fact About Purchaser's Ability to Perform
Knowledge of True Owner's Claim Does Not Defeat Adverse Possession Defense
Contract Vendee Entitled to Specific Performance
Land Seller Did Not Violate General Business Law Section 349
Statute of Limitations Bars Foreclosure Claim

Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect
Tenant May Terminate When Landlord Failed to Cure Landmarks Violation
Breach and Fraudulent Inducement Claims Survive Motion to Dismiss
Late Fees Not Enforceable
Subtenants Not Entitled to 30 Day Notice