Landlord Tenant Law

Questions of Fact About Board’s Prior Approval of Changes to UnitDismissal of Derivative Claims Reversed

On Oct. 16, 2025, Governor Kathy Hochul signed Senate Bill S7413 into law, amending Section 339-aa of the New York Condominium Act. The amendment introduces a mandatory pre-foreclosure notice that condominium boards must send defaulting unit owners before commencing a lien foreclosure action to recover unpaid common charges and assessments.

Guaranty In Effect Until Tenant Vacates, Even Though Tenant Remained In Possession Under New LeaseDHCR’s MCI Increase Approval UpheldTenant Entitled to Renewal Lease Despite Terms of Settlement AgreementCounterclaims for Constructive Eviction and Failure to Make Repairs Survive Summary Judgment

An amendment to the New York Condominium Act introduces a mandatory pre-foreclosure notice that condominium boards must send defaulting unit owners before commencing a lien foreclosure action to recover unpaid common charges and assessments.

Co-Op Corporation Lacks Standing to Challenge Statutory Provision On Cooperative DeconversionCondo Entitled to Preliminary Injunction Against Sponsor’s Distribution of ProceedsQuestions of Fact About Notice Precludes Summary Judgment Against Purchaser At Condominium Lien Foreclosure Sale

ZBA Failed to Accommodate Religious UseDenial of Area Variance and Special Exception UpheldDenial of Site Plan Approval and Subsequent Rezoning Did Not Violate Constitutional RightsRestrictive Covenants Justified Denial of Special Permit and Site Plan ApprovalBoard Erroneously Construed Historic Preservation Law

Mortgagor Equitably Estopped from Challenging Validity of Mortgage

The Court of Appeals' narrow construction in Coalition for Fairness in Soho and Noho, Inc. v. City of New York of the United States Supreme Court’s unconstitutional conditions doctrine raises questions about how the Supreme Court’s exaction-takings jurisprudence should be applied within the state.