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  • | New York Real Estate Law Reporter

    West Village Houses: Units Ruled Not Stabilized Despite Receipt of J-51 Benefits

    January 01, 2019 |

    Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.

  • | New York Real Estate Law Reporter

    Real Property Law

    January 01, 2019 |

    No Duty to Maintain Bulkhead
    Self-Conveyance Did Not Sever Joint Tenancy
    Promissory Estoppel Not Available to Avoid Statute of Frauds
    Presumption of Hostility Sustains Prescriptive Easement Claim

  • | New York Real Estate Law Reporter

    Development

    January 01, 2019 |

    Town Cannot Hold Back Building Permits as Financial Security
    Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
    Landowner Failed to Exhaust Administrative Remedies

  • | New York Real Estate Law Reporter

    Real Property Law

    December 01, 2018 |

    Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
    Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School
    Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage
    Failure to Construct Facility Triggers Reverter Provision in Deed
    Questions of Fact About Whether Buyers Had Made Time of the Essence
    No Equitable Mortgage When Statute of Limitations Bars Written Mortgage
    Cotenant Entitled to Partition with Accounting

  • | New York Real Estate Law Reporter

    Landlord & Tenant

    December 01, 2018 |

    Video Surveillance an Adequate Substitute for Lobby Attendants
    Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure
    Landlord Prevails In Nonprimary Residence Proceeding

  • | New York Real Estate Law Reporter

    Real Property Law

    November 01, 2018 |

    Broker Entitled to Commission Even Without Contract
    Questions of Fact Remain About Standing to De-Accelerate Mortgage Debt
    Installment Seller Cannot Enforce Forfeiture Clause in Ejectment Action
    Seasonal Use Sufficient to Establish Prescriptive Easement