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New York Real Estate Law Reporter

Features

What Is Property for Due Process Purposes? Image

What Is Property for Due Process Purposes?

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Features

The Consequences of Imperfect Foreclosure Affirmations Image

The Consequences of Imperfect Foreclosure Affirmations

Stewart E. Sterk

Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

Features

Adult Use Zoning in New York Image

Adult Use Zoning in New York

Stewart E. Sterk

New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.

Features

Airbnb and Rent Stabilization: A Survey Image

Airbnb and Rent Stabilization: A Survey

Jeffrey Turkel

Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.

Features

Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA Image

Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA

Steven M. Silverberg

A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.

Features

Public Trust Doctrine Thwarts Willets Point Redevelopment Image

Public Trust Doctrine Thwarts Willets Point Redevelopment

Stewart E. Sterk

In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.

Features

Bank Liability for Federal Housing Act Violations Image

Bank Liability for Federal Housing Act Violations

Stewart E. Sterk

A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.

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