Landlord Tenant Law

A recent First Department case explores the breadth of the Uniform Heirs Property Act (RPAPL 993) which significantly modifies the partition process for property determined to be “heirs property.”

Trespass Claim Upheld When Contractor Entered Landowner’s Parcel During ConstructionTitle Insurer Not Liable for Adverse Possession Claim When Policy Excepted Claims of Persons In PossessionEstate Administrator’s Deed Not Void Because Administrator Had Apparent Authority

Landlord’s Notice of Intent Not to Renew Held AdequateWrongful Eviction Claims DismissedCOVID-19 Did Not Justify Tenant’s Unjust Enrichment Claim Against Landlord Who Did Not Return Advance RentPrior Order Does Not Preclude Landlord’s Claim for Use and Occupancy

Board of Architectural Review Disapproval UpheldApplicant Did Not Acquire Vested RightApproval of Wireless Antenna Installation Upheld

Condominium Not Entitled to Collect Publication and Legal Fees When Owner Redeemed Before Foreclosure SaleQuestions of Fact Preclude Dismissal of Shareholder’s Claim for Breach of Proprietary LeaseUnit Purchaser Entitled to Specific Performance of Developers’ Agreement

Two recent cases raised a recurring real property issue: When can a party burdened by a restrictive covenant obtain judicial removal of the covenant pursuant to RPAPL 1951? The cases shed modest light on this muddy issue.

Landlord Entitled to Change Locks As a Result of Tenant BreachConstructive Eviction Unavailable When Tenant Remained In Premises After Failing to Pay RentProof Required In Tenants’ Action to Establish Landlord Illegally Inflated Rents

Local Law Prohibiting Landfills Invalid for Failure to Comply With SEQRANeighborhood Group May Not Intervene In Challenge to ZBA DeterminationDenial of Area Variances Upheld