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
Commercial Landlord/Tenant Disputes
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
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
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
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
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
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 was amended by Bill … [Read more...] about Commercial Guaranty Agreements Affected by COVID-19
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?
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?