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Illegal Loft Tenants Entitled to Remain Rent-Free
With the enormous demand for residential space in Manhattan, and the corresponding decline in demand for commercial space over the last half century, many New York landlords have rented commercial lofts for residential purposes, without bringing those lofts into compliance with the standards the city mandates for residential space. In 1982, the state legislature enacted the Loft Law to assist loft landlords in obtaining residential certificates of occupancy, but the statute has been successful only in part. What rights, then do landlords and tenants have with respect to those lofts that remain illegally occupied? The Court of Appeals addressed that question in Chazon, LLC v. Maugenest, NYLJ 6/8/12, p. 24, col. 5, and held that the clear language of Multiple Dwelling Law section 302(1) provides that landlords may recover neither rent nor possession from residential tenants remaining in illegal lofts.
The Statutory Scheme
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.