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The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious users against abusive municipal land use practices. But when does a RLUIPA claim become ripe? In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley (2022 WL 4357933), 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. The seminary has appealed, so the Second Circuit will soon have the opportunity to address the ripeness issue.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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