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Can Landlords and Tenants Stipulate to Rent Regulation?
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.
Statutory Coverage Is a Matter of Law, and Cannot Be Waived
Rent stabilization coverage is a matter of statutory right and cannot be created by waiver or estoppel. See, Matter of Trainer v. New York State Div. of Hous. & Community Renewal, 162 AD3d 461, 462 (1st Dept. 2018). Nor can coverage be created by agreements between landlords and tenants. RSC §2520.13, captioned "Waiver of Benefit Void," states that "[a]n agreement by the tenant to waive the benefit of any provision of the RSL or this Code is void." As the First Department held in Drucker v. Mauro, 30 AD3d 37, 39 (1st Dept 2006):
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.