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New Laws to Improve Your Building with Stringent Rules

Deeply hidden within the new budget, under provision “FF” on page 96, signed by the Governor, includes certain changes to Individual Apartment Increases (“IAIs”) for rent stabilized apartments. The changes are a win-win for landlords.

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Marco Bresba Marco Bresba

Good Cause Eviction. Good for Who?

In simple terms, the new law in New York City that was signed on April 20, 2024, by Governor Hochul states that landlords must have a valid reason, called "Good Cause," to evict a tenant from their apartment

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Marco Bresba Marco Bresba

Owners Now Being Forced to Police Their Commercial Tenants

The City of New York has just signed into law a new regulation targeting commercial properties where tenants are involved in the unauthorized sale of cannabis. The law requires property owners to take specific actions in response to such illegal activities, under the penalty of fines and potential legal repercussions.

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Marco Bresba Marco Bresba

Dining Al Fresco in New York is Here to Stay

A new bill has brought about a consensus between restaurant proprietors and local residents, finding common ground and reaching a compromise. The law will ease the overly stringent pre-pandemic requirements for obtaining licenses for sidewalk cafes.

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Marco Bresba Marco Bresba

Garages in NYC May Face Strict Penalties Under New Laws

With the passage of Local Law 126 of 2021 and RCNY §103-13, effective January 1,2022, New York City requires garage owners of certain parking structures to retain a specially designated professional engineer to conduct an assessment and file a report at least once every six years. This is crucial for ensuring the safety of occupants especially in high-rise buildings. The inspections help identify potential hazards and ensure necessary measures are taken to mitigate them.

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Marco Bresba Marco Bresba

Guaranty Law is Unconstitutional

To sum up the 33-page decision, the Court granted the plaintiff summary judgment and held that: “The City has proven unable to provide record evidence to answer the “five serious concerns about [the Guaranty Law] being a reasonable and appropriate means to pursue the professed public purpose,” as the Second Circuit instructed.” The Court therefore “concludes that the Law violates the Contracts Clause by rendering the guaranty clauses in Plaintiffs’ commercial leases unenforceable for unpaid rent during the covered period, March 7, 2020 and June 30, 2021.”

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Marco Bresba Marco Bresba

How to Implement HUD Guidelines with Respect to Criminals and the Fair Housing Act

The Housing of Urban Development (HUD) has circulated a Memorandum that provides “best practices and tips” to avoid liability over criminal background policies. Essentially, it is recommended that landlords should not consider using criminal history to screen tenants for housing, however, if the housing provider chooses to use criminal background screening policies, they should consider the following steps:

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Marco Bresba Marco Bresba

Succession Denied to Great-Grandson

The firm of SDK Heiberger, LLP defeated a succession claim by a deceased tenant’s great-grandson, living in a Project-Based Section 8 building.

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Marco Bresba Marco Bresba

Another Victory

This week the Appellate Division found that the late fee provision in a commercial tenant’s lease, which enabled the landlord to assess a monthly 5% charge on all outstanding arrears, was unenforceable as being excessive.

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Marco Bresba Marco Bresba

Finally! Judgments are Being Entered and Warrants are Being Issued.

At this point it is well settled law that although the pandemic has been disruptive for many businesses, performance was not rendered impossible during such time, even with reduced revenues, and commercial tenants have therefore not been found to be excused from paying rent.

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Remote Online Notarization Is Here To Stay

Electronic Notarization, which has been permissible during Covid-19 as a temporary emergency measure has now been approved to be a permanently acceptable means to having a signature on a document legally acknowledged.

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