On September 29, 2020, Governor Andrew Cuomo signed Executive Order 202.626, titled Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. The new executive order … [Read more...] about New Executive Order Extends the Time Period for the Tenant Safe Harbor Act
BARS AND RESTAURANTS
Regina and the Four-Year Lookback Period
On April 2, 2020, while New York trial courts were closed, the Court of Appeals of New York ruled on Regina Metropolitan Co., LLC v. the New York State Division of Housing and Community Renewal … [Read more...] about Regina and the Four-Year Lookback Period
Restaurant Evictions in New York City After COVID-19
Recently CNBC reported that one in three restaurants in New York City was likely to go out of business as a result of COVID-19. There is no question that COVID-19 has had a devastating effect on both … [Read more...] about Restaurant Evictions in New York City After COVID-19
The Tenant Safe Harbor Act
On July 1, 2020, Governor Andrew Cuomo signed The Tenant Safe Harbor Act. Specifically, the Act addresses forgiveness of rent for the “COVID-19 covered period,” although the Act does not forgive rent … [Read more...] about The Tenant Safe Harbor Act
COVID-19 and the Doctrines of Impossibility and Frustration Of Purpose
As New York City struggles to adjust to life after the onset of COVID-19, both landlords and tenants are left to put their lives back together again. We don't know whether the way people did business … [Read more...] about COVID-19 and the Doctrines of Impossibility and Frustration Of Purpose
Commercial Guaranty Agreements Affected by COVID-19
{2 minutes to read} Both New York State and New York City continue to make changes to the law to deal with the impact of COVID-19. On May 26, 2020, the Administrative Code of the City of New York … [Read more...] about Commercial Guaranty Agreements Affected by COVID-19
Force Majeure Clauses in New York
Some seldomly used lease/contract defenses are beginning to come up in the aftermath of the COVID-19 crisis. The closing of restaurants, bars, and many other businesses in New York City has been … [Read more...] about Force Majeure Clauses in New York
Are the Legal Rents in Your Building Lawful?
Whether you’ve just gone through the due diligence process following the purchase of a building, or have been a building owner for years, I always suggest extensively reviewing a building’s legal rent … [Read more...] about Are the Legal Rents in Your Building Lawful?
What’s a Rent Deposit Order?
An RPAPL §745(2) Order, commonly called a rent deposit order, is an order from the Housing Court in a summary proceeding which orders the tenant or occupant to pay rent or use and occupancy. The law … [Read more...] about What’s a Rent Deposit Order?