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We found 1,515 results for "New York Real Estate Law Reporter"...

Court Declines to Block Retroactive Application of HSTPA
January 01, 2023
The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords' incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.
Landlord & Tenant Law
January 01, 2023
Rent Obligations of Successor Tenant to Rent-Controlled Apartment Commences At Prior Tenant's Death Landlord Not Entitled to Attorneys' Fees Incurred In Defending Unsuccessful Class Action
Real Property Law
January 01, 2023
Administrator's Deed Divested Distributees of Ownership Interest No Rescission of Deed When Mistake Was Not Mutual Restrictive Covenant Did Not Bar Educational Use Issues of Fact About Mortgagee's Knowledge of Fraud Precludes Summary Judgment No Private Right of Action to Enforce Food Cart Regulations
Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable
January 01, 2023
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Co-ops and Condominiums
January 01, 2023
Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens Jury Trial Waiver Enforced Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period
Landlord & Tenant Law
December 01, 2022
Landlord's Re-Entry Not Authorized By Lease Provision Plans to Demolish Building Supported Denial of Renewal Lease Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements
RLUIPA Ripeness
December 01, 2022
In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley, a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Development
December 01, 2022
Taking Claim Ripe In Light of Town's Failure to Act
Co-ops and Condominiums
December 01, 2022
Multiple Dwelling Law §302 Does Not Apply to Co-Ops
Eminent Domain Law
December 01, 2022
Inverse Condemnation Claim Time-Barred

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