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In a case addressing what consulting fees (in particular attorneys’ fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange (– N.Y.S.3d –, 2018 WL 4905436, at 1 (Oct. 10, 2018)) found that the Town had overreached its statutory authority. Petitioner, an amateur radio operator, received an FCC license to operate a ham radio station at his single-family home. He sought a special use permit to allow him to construct a 100-foot ham radio antenna structure (that would be 18 inches by 18 inches wide). As the Town limited the height of “towers” to 35-feet, Petitioner also sought an area variance for the height of his proposed antenna.
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Court Declines to Block Retroactive Application of HSTPA
By Randi Beth Gilbert, Richard T. Walsh, Jillian N. Bittner, and Niles C. Welikson
The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords’ incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.
By NYRE Staff
Rent Obligations of Successor Tenant to Rent-Controlled Apartment Commences At Prior Tenant’s Death
Landlord Not Entitled to Attorneys’ Fees Incurred In Defending Unsuccessful Class Action
By NYRE Staff
Administrator’s Deed Divested Distributees of Ownership Interest
No Rescission of Deed When Mistake Was Not Mutual
Restrictive Covenant Did Not Bar Educational Use
Issues of Fact About Mortgagee’s Knowledge of Fraud Precludes Summary Judgment
No Private Right of Action to Enforce Food Cart Regulations
By NYRE Staff
Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation’s Liens
Jury Trial Waiver Enforced
Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares
Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period
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