Supreme Court Addresses Municipal Sign Regulations, Again
June 01, 2022
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Landlord & Tenant Law Case Update
June 01, 2022
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
COVID-19 Does Not Excuse Failure to Pay Rent
Making Sense of the 421-A Rent Concession Appeals
May 01, 2022
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
Real Property Law
May 01, 2022
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
Statute of Limitations Does Not Bar Strict Foreclosure Action
Landlord & Tenant Law
May 01, 2022
Prior Landlord's Purchaser of Loft Tenant's Improvements Exempted Unit from Rent Regulation
Notice of Termination Did Not Meet Federal Standards
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Tenant Entitled to Preliminary Injunction Against Use of Video Cameras In Interior of Premises
Development
May 01, 2022
Neighbors Have Standing to Challenge Use Variance for Operation of Concrete Manufacturing Plant
Drafter Not Bound By Its Own Deed Modification
April 01, 2022
When the city, as a seller of real estate, attaches a document to the deed at closing, but the deed does not refer to that document, may the buyer introduce evidence to establish that the document was intended to clarify the deed description?
Co-ops and Condominiums
April 01, 2022
Sponsor's Obligation to Conform to Building Code Not Waiveable
Allocation of Boat Slips Protected By Business Judgment Rule
Co-Op's Ejectment Action Dismissed