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When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the U.S. Supreme Court decided Knick v. Township of Scott, 139 S. Ct. 2162 (June 2019), the answer was clear: state court and only state court. Knick changed all that. The Court overruled Williamson County v. Hamilton Bank, 473 U. S. 172 and held that a landowner who claimed to have suffered a taking at the hands of state or local officials could seek redress in federal court without the need to first seek compensation through state proceedings. The Court’s holding may channel more takings cases into federal courts, but leaves those courts with some unresolved questions.
Mortgagee Entitled to Deficiency Judgment When Mortgagor’s Submissions Are Insufficient to Rebut Mortgagee’s Appraisal
Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action
Forbearance Agreement Tolled Statute of Limitations
Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
Landlord Failed to Rebut Presumption of Willfulness
Landlord Substantiated Individual Apartment Improvements
Vacatur of Stipulation for Use and Occupancy Overturned
Occupant’s Deception Waived Succession Rights
Setting Rent for Unit First Decontrolled In 1954
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
By Mark Hakim
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the “Housing Stability and Tenant Protection Act of 2019.” The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York’s rent regulation laws, which proponents say will ensure that New York’s tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.