Blog

There are many types of real estate (land) deeds in the United States. Equivalent to the old traditional land claim, these do not guarantee extant ownership. Indeed, one can contest the maker of the deed (the grantor) should problems arise with the original claim. What follows is a general discussion of the legal issues and powers connected with a quitclaim (or “quit claim”) deed, as is commonly filed during a divorce. For an in-depth understanding of the claim, as it applies to your county and state, consult the experts at Singh & Rani, LLP.

If you have a commercial lease and you have number of years left on your lease, you are unable to pay your rent and you are closing down your business due to Covid-19, there are few things you must to keep in mind to figure out your exit strategy.

Recently, our office has been receiving a growing number of inquiries from tenants regarding early termination of their leases. Generally, tenants would want to terminate their leases due to work/job related relocation, family commitments or for dangerous or hazardous conditions in their apartments that their landlord refuses to repair.

In a recent New York County Supreme Court case, International Plaza Associates L.P. v. Amorepacific US Inc., D/B/A/ Innisfree, Plaintiff and Landlord, International Plaza Associates, moved for summary judgment against defendant, Innisfree, a commercial tenant for at least $314,000 in rent arrears from March 2020 through December 2020. In defense, the Defendant argued that the arrears resulted from Covid-19 “Frustrating the Purpose” for which the commercial leased was signed.

The Tenant Safe Harbor Act—sponsored by Senator Brad Hoylman and Assembly Member Jeffrey Dinowitz—was signed into law by Governor Cuomo. This law is a crucial step towards protecting tenants facing evictions during the Covid-19 period.

A brief summary of frequently asked questions regarding rentals in the COVID-19 pandemic.

In light of the current public health emergency related to Coronavirus Disease (COVID-19), we are receiving numerous inquiries from our clients related to the impact of COVID-19 on their commercial leases. Under the current situation, there are a few points to consider:

The owner argued that the rent-stabilized tenant violated her lease by using her apartment as a business or renting the apartment as a “hotel.” The landlord argued that the tenant was profiteering – charging guests in excess of rent charged under the tenant’s lease. The landlord initiated a holdover proceeding to evict the tenant for this conduct and argued it was in violation of the lease agreement.

In a recent decision by the Appellate Division, First Department, a group of tenants brought a class action lawsuit against a landlord of 10-building complex, consisting of 1,000 apartments in Manhattan. The lawsuit challenged the deregulation of hundreds of the complex’s apartments.

The New York Court dismissed this holdover proceeding because the landlord served a defective predicate notice. The predicate notice alleged that the tenant advertised on Airbnb, however, failed to specify relevant provisions of law relied upon for eviction.

In June of 2019, the State of New York revamped the rent regulation laws passing the Housing Stability and Tenant Protection Act, “HSTPA.” The purpose of the HSTPA is to strengthen tenants’ rights. To do this, the legislature reformed the laws governing rent overcharge.

Frequently Asked Questions on the laws regarding short term rentals in New York City

This article will outline the general procedures and notice requirements that landlords must follow in the eviction process along with other rights commercial tenants may have against their landlord.

A declaratory judgment is a legal determination by a court of party’s rights, obligations, or duties that clears the air as to legal uncertainty for litigants. In most court cases, the plaintiff may ask for damages or other court orders, however the plaintiff in a declaratory judgment action asks the court to resolve an uncertainty so that it can avoid future confusion in regards to legal matters between the parties.

Waiver Of Declaratory Relief In A Commercial Lease Is Enforceable

‍When shopping for renters insurance, the most important thing to understand is what's covered under your policy. That might sound like rather simplistic advice, but each insurance company has different exclusions and coverage limits you need to be fully aware of. Not understanding what's excluded, what's covered, and for how much could lead to problems and frustration down the road when you have to file a claim.

500 Cathedral Parkway LLC v Gutierrez 2018 NY Slip Op 51723(U) [61 Misc 3d 148(A)]

Masaryk Towers Corp. v. Xiao Feng, NY Slip Op 50392(U) (App. Term, First Dept, 2019).

Sudimac v. Beck, NY Slip Op 50442(U) (Civ Ct NY, Queens Cty. 2019).

NYC tenants have the ability to rent a free market apartment or a discounted rent apartment.

When it comes to violations issued by the Department of Buildings (DOB), landlords risk the possibility of thousands of dollars in fines and, in extreme situations, complex litigation initiated by the City

Beware NYC landlords and construction personnel, the New York City Environmental Control Board (ECB) and Department of Buildings (DOB) can make your life as a landlord and construction personnel much more difficult.

If an owner/landlord is suspicious that an apartment is being rented illegally to transient guests, the landlord should take the following steps:

The State of New York has been cracking down on Airbnb activity in NYC

Tenants who have been threatened with harassment and displacement have an updated tenant protection program to look out for. Earlier this month, the De Blasio Administration announced a new program titled, “Certification of No Harassment (CONH) Pilot Program.”

“Succession” concerns legally defined “Family Members,” inheriting a rent-regulated apartment through renewal leases and/or protections from eviction.

“Succession” concerns legally defined “Family Members,”[1] inheriting a rent-regulated apartment through renewal leases and/or protections from eviction. Please visit a previous article to get a better understanding of succession. [2]

“Succession” concerns legally defined “Family Members,”[1] inheriting a rent-regulated apartment through renewal leases and/or protections from eviction.

The emergence of Airbnb and other platforms have caused many tenants to commercialize their apartments, thereby profiteer. This article aims to provide guidance regarding whether or not a tenant can cure the profiteering of their Rent-Stabilized apartment.

The emergence of Airbnb and other platforms have caused many tenants to commercialize their apartments, thereby profiteer. This article aims to provide guidance regarding whether or not a tenant can cure the profiteering of their Rent-Controlled apartment.

Recently, the New York City Council voted unanimously to require Airbnb to disclose the names and addresses of its hosts to the city’s Office of Special Enforcement. If Airbnb fails to comply and disclose the names and addresses of its hosts, the City could impose a fine up to $1,500.00 for each listing. Airbnb has responded with its own lawsuit on behalf of one of its hosts [1]. The bill is now awaiting final approval and signature from Mayor Bill de Blasio.

In 2010, the New York State legislature amended the Multiple Dwelling law (“MDL”), to clarify the 30-day minimum required stay for rentals in multiple dwellings.

The Housing Maintenance Code, Building Code, and Zoning Resolution are some of the statutes that could come into play during short-term rentals/Airbnb violations.

A Good Guy Clause, (“GGC”) is a lease provision typically found in commercial leases that allows a landlord to release a tenant from liability in the event the tenant does not complete the lease period. Today, the GGC is favored among start-up businesses or businesses that are apprehensive towards signing a time bound lease.

New York City is home to about one million rent-regulated apartments. Rent laws in NYC aim to regulate how much landlords can charge tenants and aim to protect the rights of tenants by ensuring affordable housing. This article will provide a brief overview of Rent Stabilization and guidance on determining whether you are a rent-stabilized tenant.

When a police officer pulls you over, what you say and do in those few moments can have a significant impact on the types of charges you may face and the type of legal issues you may encounter in court. DWI/DUI charges are one of the more serious crimes that a person can be charged with and handling these types of situations can be complex. This article provides some tips when engaging with police officers after being pulled over for a DWI and provides guidance on understanding the various charges you may be facing.

Many New Yorkers live in housing that does not allow pets. However, many either would like to get a pet or have a pet despite the existing no-pet clause in their residential lease. This article will provide guidance in understanding the New York City pet laws and help one weigh the potential risks of having a pet in a no-pet building.

Airbnb and other online market place hospitality services have become more and more popular for both guests and property owners seeking temporary housing or additional income. The manner in which an Airbnb host operates their property can affect both the host’s and guest’s legal rights. Specifically, this article will address the potential liabilities arising out of personal injury and tort law. Airbnb hosts and guests both face the prospect of personal and property losses when engaging in the home sharing event – listing an apartment on Airbnb, renting an apartment on Airbnb.

Real Estate development in New York City is constantly expanding and in turn, has recently led to some changes in Real Estate law. As development expands, landlords have decided to take on measures to evict rent-stabilized tenants in the hopes of obtaining more money for their units.

For several years, the City and State of New York have adopted a variety of legal measures in increasing attempts to curtail the use of Airbnb and the proliferation of short-term rentals the platform has facilitated throughout New York City. Airbnb has been the subject of extensive controversy and litigation in New York.

When a tenant-respondent receives a partial abatement after a trial in a non-payment proceeding that is brought by a landlord-petitioner, where the landlord otherwise obtains a judgment for rent arrears, which party, if either, is entitled to attorney’s fees?

This case involved the enforceability of a rent acceleration clause for future rental payments, from an out of possession tenant. The facts of the case involve the landlord who had leased the premises to the Globe Alumni Student Assistance Association for one year, for use as a dormitory by Globe Institute of Technology (Globe), an educational institution.

This case concerned the unsuccessful appeal of a summary holdover case, by which the landlord of the property tried to regain possession of a rent stabilized apartment, on the grounds that it was not used as a primary residence. The case was originally dismissed in a non-jury trial at civil court, following the assertion that a long term absence (in this case 40 years) was still in keeping with primary residence purposes.

Judge Diane E. Lutwak found that Petitioner, Walton Avenue Senior HDFC, failed to state a cause of action for eviction. The Petitioner, alleged that Hiran Santana’s failure to obey the House Rules was a substantial violation of his tenancy.

Landlord, 167 LLC, commenced a summary holdover proceeding against rent-stabilized tenants, Francisco Muniz and Martha Mendoza for harboring a pet dog in violation of the lease’s no pets clause.

Landlord, as limited by its briefs, appeals from so much of a final judgment of the Civil Court of the City of New York, New York County (Cheryl J. Gonzales, J. ), entered on or about January 9, 2015, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.Per Curiam.

The tenants’ initial rent was $1,700.00 per month, increasing throughout the years to $1, 872.00 per month.

This is a holdover summary eviction proceeding premised on the claim that Respondent has sublet or assigned his rights of occupancy to his rent stabilized apartment to other named individuals without permission of the landlord.

In this case a tenant’s application for appeal to vacate a portion of monetary recovery awarded to the landlord in the final judgment, was rejected.

This case had failed at first instance and then again on appeal, due to the petitioners’ inability to highlight the lack of relevant legal issues, as put forth within the respondents’ succession defense.

Landlords are crying foul after a string of decisions by the New York Court of Appeals under Chief Judge Jonathan Lippman that they say have reinterpreted state law in favor of tenants.

Many cooperatives and condominiums contain renters who live in investor- or sponsor-owned apartments. And although those tenants live in the same building as the resident-owners, they might as well, in some cases,

The warrant of habitability is implied in every lease agreement. It requires your landlord to keep the premises in a safe, livable and sanitary condition.

Tenants argued landlord was judicially estopped form denying their status as a month-to-month tenant as it previously asserted same in prior proceedings.

Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Jack Stoller, J.), after a nonjury trial, entered on or about April 15, 2013, which dismissed the petition in a nonpayment summary proceeding, and awarded tenant a net money judgment in the principal sum of $6,535.78 on his first and second counterclaims.