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Features
Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.
Columns & Departments
Town Cannot Hold Back Building Permits as Financial Security<br>Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement<br>Landowner Failed to Exhaust Administrative Remedies
Columns & Departments
No Duty to Maintain Bulkhead<br>Self-Conveyance Did Not Sever Joint Tenancy<br>Promissory Estoppel Not Available to Avoid Statute of Frauds<br>Presumption of Hostility Sustains Prescriptive Easement Claim
Columns & Departments
Loft Tenant Subject to Rent Stabilization<br>Video Surveillance a Substitute for Part-Time Lobby Attendants
Features
Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.
Features
<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Columns & Departments
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name
Features
In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.
Columns & Departments
Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim<br>Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School<br>Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage<br>Failure to Construct Facility Triggers Reverter Provision in Deed<br>Questions of Fact About Whether Buyers Had Made Time of the Essence<br>No Equitable Mortgage When Statute of Limitations Bars Written Mortgage<br>Cotenant Entitled to Partition with Accounting
Columns & Departments
Video Surveillance an Adequate Substitute for Lobby Attendants<br>Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure<br>Landlord Prevails In Nonprimary Residence Proceeding