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Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
By NYRE Staff
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to “agree” in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
By NYRE Staff
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers’ Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
By NYRE Staff
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments
Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use
Neighbor’s Challenge to Approval of A Building Permit Dismissed As Untimely
Open Space Accessibility and the Conundrum of High Stakes Zoning Disputes
By By Philip E. Karmel, James P. Colgate and Judith M. Gallent
The New York Court of Appeals’ recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as “open space.”
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