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Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to due process claims by landowners who challenge municipal permit denials or revocations. Arizona Hudson Valley, LLC v. Allen, 2023 WL 3936640, illustrates three of those barriers: ripeness, the narrow definition of property for due process purposes, and the outrageous governmental conduct courts require to sustain a due process claim.
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Landlord Liable for Retaliating Against Maker of False Discrimination Claim
By Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
By New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
By New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer’s Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
By New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol