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When the state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute’s focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants. Among those are obligations imposed on landlords with respect to security deposits and a requirement that residential landlords mitigate damages, contrary to the longstanding New York rule. In 14 East 4th Street Unit 509 LLC v. Toporek (NYLJ 1/6/22, p. 18, col. 1), the First Department became the first appellate court to construe these provisions.
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Guarantor Liability for Post-Window-Period Rent
By Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
By New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
By New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
By New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals