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By Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs in City of Austin, Texas v. Reagan National Advertising.
By NYRE Staff
Deed from Intestate Distribtees Effective Without Involvement of Estate Administrator
Notice of Pendency Is Not an Election of Remedies That Bars Issuance of Preliminary Injunction
Junior Mortgagee Obtained Good Title Despite Defects In Judgment of Foreclosure
Limitation on Easement Width Upheld
Forged Power of Attorney Voids Documents on Which Mortgagee Relied
By NYRE Staff
Habitability and Harassment Claims Survive Motion to Dismiss
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Renovations Qualified Apartment for High-Rent Vacancy Decontrol
COVID-19 Does Not Excuse Failure to Pay Rent
By Jeffrey Turkel
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.