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Two years ago, on June 14, 2019, New York lawmakers approved, and Governor Cuomo signed into law, the “Housing Stability and Tenant Protection Act of 2019” (the Act), which contained a series of laws affecting all rentals within the State of New York. The Act was intended to provide safeguards and additional protections to tenants in rental properties. As we had previously predicted, among its many sweeping changes, the Act had an unintended and profound impact on the thousands of cooperative corporations located in New York. Boards of directors and their managing agents were also forced to deal with the uncertainty of many of the Act’s provisions, often erring on the side of inaction. However, on June 10, 2021, New York’s lawmakers approved amendments to the Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once the new legislation is signed into law by the Governor, it will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest