Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
March 01, 2021
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
Real Property Law
March 01, 2021
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers' Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
Co-ops and Condominiums
March 01, 2021
Sponsor Liable for Fraudulent Conveyance to Related Entities
President of Unincorporated Condominium Association Not Entitled to Indemnification
Legal Malpractice Claim Dismissed
Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
Development
March 01, 2021
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments
Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use
Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely
Can Landlords and Tenants Stipulate to Rent Regulation?
March 01, 2021
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
Open Space Accessibility and the Conundrum of High Stakes Zoning Disputes
February 01, 2021
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
Real Property Law
February 01, 2021
Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes
Absence of Property Description Did Not Preclude Equitable Mortgage
City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing
Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor
Landlord & Tenant Law
February 01, 2021
Guaranty Did Not Extend Past Lease Term
Holdover Rent Award Reduced
Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure
Co-ops and Condominiums
February 01, 2021
Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction
Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion
Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights