Since the start of COVID-19, court closures, and various eviction moratoriums in both residential and commercial eviction proceedings, a recent trend has developed: commencement of a plenary action … [Read more...] about Plenary Actions for Rent or Use and Occupancy
Blog
Disabled Tenant Rights to Request an Interior Housing Modification
On December 2, 2020, Chapter 311 of the Laws of 2020 was signed into law. The new law requires housing providers who are covered under Human Rights Law Section 296.2-b and Section 296.18-a, to provide … [Read more...] about Disabled Tenant Rights to Request an Interior Housing Modification
COVID-19 Emergency Protect Our Small Business Act of 2021
In January 2021, Governor Andrew F. Cuomo announced a proposal to bolster protections for commercial tenants in New York. The Governor, at that time, announced that he would be proposing legislation … [Read more...] about COVID-19 Emergency Protect Our Small Business Act of 2021
The Heating Season in New York City
The continued pervasive effect of COVID-19, including moratoriums affected by COVID-19, have not affected a landlord's obligation to comply with the Housing Maintenance Code in New York City, … [Read more...] about The Heating Season in New York City
Nuisance Cases Under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
Prior to the new year, New York State enacted the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, which aims to prevent most evictions from proceeding through most of the first … [Read more...] about Nuisance Cases Under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
Just before the new year, on December 28, 2020, the New York State Legislature passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. The Act is a new measure that stays … [Read more...] about COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020
Recent Development in New York City’s Personal Guarantee Amendments
Just before Thanksgiving, a series of decisions were issued relevant to guarantors of commercial leases in New York City, and the landlords who seek to enforce those guarantee agreements. In May … [Read more...] about Recent Development in New York City’s Personal Guarantee Amendments
New Executive Order Extends Time to Answer
While the country was glued to their televisions watching election map coverage, Governor Andrew Cuomo issued a new executive order which affected the way courts are operating in New York during the … [Read more...] about New Executive Order Extends Time to Answer
Commercial Eviction Moratorium Extended
The New York State moratorium on the Commercial Eviction Summary Proceedings was set to expire on October 20th, 2020. However, on that day, Governor Andrew Cuomo executed a new executive order … [Read more...] about Commercial Eviction Moratorium Extended
The Right to Legal Fees in Landlord/Tenant Disputes
In most residential and commercial leases in New York, there is an Attorneys' Fees Clause included. A question that is often asked is, "Is that lease provision enforceable?" New York follows the … [Read more...] about The Right to Legal Fees in Landlord/Tenant Disputes