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
LANDLORD AND TENANT MATTERS
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
Overview: Changes to the Rent Deposit Law
The Housing Stability and Protection Act of 2019 changed the real estate industry significantly, and building owners are still trying to wrap their heads around all the changes. One significant … [Read more...] about Overview: Changes to the Rent Deposit Law
The End of the Preferential Rent As We Know It?
Changes in the composition of the New York State Senate in Albany may lead to some dramatic changes in the law that building owners should be aware of. One such change is proposed by Senate Bill … [Read more...] about The End of the Preferential Rent As We Know It?
NYC Building Owners Compliance During Winter Months
Even though it’s getting warmer outside, New York City’s heating season isn’t over yet. Throughout the cold winter months and into the start of summer, in New York City, it's important that building … [Read more...] about NYC Building Owners Compliance During Winter Months
Owner’s Right of Access
Most of the time, access between the landlord and the tenant is simple. The tenant notifies the landlord of a problem, and the landlord goes into the unit (or sends a representative), inspects, and … [Read more...] about Owner’s Right of Access
The Threat of a Recharge Where Rent Discount Provision Exists in a Lease
Some landlords have come up with a crafty way to make sure rent is paid on time by adding language to a lease that gives a tenant a discount if rent is paid by a certain date (for instance the fifth … [Read more...] about The Threat of a Recharge Where Rent Discount Provision Exists in a Lease