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Real Estate Legal Tips & News
Access to Your Neighboring Property For Purposes of Repairs or Improvements
In a recent proceeding, we were able to facilitate an “881 license,” brought without a license fee required to be paid, despite the neighboring owner demanding such a fee.
Is the ‘FARE’ Bill ‘FAIR’ To Landlords?
This new bill essentially shifts the financial burden of broker fees away from tenants in cases where the landlord initiated the broker relationship.
Mandatory Curbside Composting Rolls Out in Manhattan this Fall
Under the new curbside composting rules, landlords must provide clearly labeled compost bins for tenants to use, along with a designated storage area.
MOVING A TENANT TO A LARGER APARTMENT DOES NOT REQUIRE REGULATORY STATUS TO FOLLOW
he Court ruled that when determining a tenant’s current rental status, it is crucial to consider whether the apartment exchange benefited the landlord or if the landlord instigated the tenant's move.
WHO NEEDS A NOTARY WHEN YOU HAVE CPLR SECTION 2106?
This statute is a game changer, assisting litigation significantly. It’s time to change your forms from “Affidavit” to “Affirmation of truth of statement.”
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.
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
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.
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.
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.
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.”
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:
Low Credit Score May Not Be A Bar To The Housing Market
A bill has been proposed, A10676, before the New York Assembly to ensure that debt and bad credit scores resulting from certain specific situations do not hinder a person’s ability to rent a residential unit in New York.
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.
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.
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.
Rent Stabilization Leases And Renewal Offers Are Now Permitted By Electronic Means
Landlords and tenants alike will now have the luxury of receiving and entering rent stabilized lease agreements from the comfort of their homes and/or office by email.
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.