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
LANDLORD AND TENANT MATTERS
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
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
Between a Rock and a Hard Place
Following the onset of the COVID-19 pandemic, both landlords and tenants in New York City have struggled to know what comes next in terms of the payment of rent. Obviously, the pandemic has caused … [Read more...] about Between a Rock and a Hard Place
The End of “Next of Kin” Nonpayments
One of the more significant changes of the Housing Stability and Tenant Protection Act of 2019 that largely passed under the radar is an amendment to RPAPL 711(2). Prior to June 2015, in situations … [Read more...] about The End of “Next of Kin” Nonpayments