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Jeffrey Turkel’s lead article in last month’s issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of provision in Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), holding that retroactive application of those provisions violated the due process rights of landlords. On the same day, however, the Court of Appeals decided another case, Collazo v. Netherland Property Assets LLC, with implications for landlord-tenant disputes. In Collazo, the court held first that the HSTPA’s provision giving tenants a choice of forum for overcharge complaints enjoyed retroactive application, and second that a landlord’s failure to admit its violation of the Rent Stabilization Law in deregulating apartments does not give rise to a claim under section 349 of the General Business Law.
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Landlord Liable for Retaliating Against Maker of False Discrimination Claim
By Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
By New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
By New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer’s Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
By New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol