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Landlord's Action Does Not Give Rise to Deceptive Practice Liability
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.
The Collazo Case
In Collazo, landlord had registered 18 apartments as exempt apartments that had been deregulated due to high rent vacancies. Landlord's building, however, had received J-51 tax benefits during the period between 1990 and 2016. In Roberts v. Tishman Speyer Props., L.P., 13 NY3d 270, decided in 2009, the Court of Appeals made it clear that high rent vacancy deregulation was not available for apartments in building in which a landlord was receiving J-51 benefits. Landlord reregistered the apartments as rent stabilized, but not until 2016.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.