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The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious users against abusive municipal land use practices. But when does a RLUIPA claim become ripe? In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley (2022 WL 4357933), a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court. The seminary has appealed, so the Second Circuit will soon have the opportunity to address the ripeness issue.
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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