This author has written two previous posts commenting on an extraordinary decision rendered by Housing Court Judge Sabrina Kraus called Golden Mountain Realty Inc. v Severino, 2012 NY Slip Op 22048, 939 NYS2d 835 [Civ Ct NY Co, February 29, 2012]. In each of my previous posts I have noted ...
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June 14, 2012Joshua C. Price
I am originally from New York but attended college at beautiful Purdue University in West Lafayette, Indiana. When I try to explain to my friends from Indiana what I do for a living there is usually a disconnect - they simply cannot understand why the landlord-tenant relationship is so complicated ...
June 10, 2012Joshua C. Price
This author had a blog post several weeks ago discussing a decision/order rendered by Judge Sabrina Kraus in a case called Golden Mountain Realty v. Severino (72263/2011) in which Judge Kraus reached the extraordinary conclusion that prior to commencing a licensee holdover proceeding against ...
June 8, 2012Joshua C. Price
There has been a rule in place in New York from the beginning of its jurisprudence and it goes something like this - when a landlord resumes possession of what was a portion of the tenant's leased space the tenant has been actually evicted from a portion of the leased ...
May 30, 2012Joshua C. Price
The Appellate Term has again swatted down an attempt by a tenant advocate to obtain a holding that a landlord can only commence a garden variety landlord-tenant proceeding before DHCR as opposed to commencing that case in Housing Court. Certain landlord-tenant "disputes" must be commenced at DHCR where a landlord seeks ...
May 21, 2012Joshua C. Price
As many of us who practice in the field of landlord-tenant law know - often the issues in the case become secondary to the looming claim for legal fees. In England there is a rule (interestingly enough called The English Rule) that provides that the losing party must pay the ...
May 10, 2012Joshua C. Price
Well...That actually is not the law. As a general matter cooperatives are free to exercise their business judgment in passing rules and regulations governing the operation of their buildings and Courts are not permitted to substitute their judgment for that of the cooperative's governing boards. An ...
May 5, 2012Joshua C. Price
A common experience for an attorney representing a landlord against a tenant in Housing Court is to reach an out of court settlement with the tenant in which the tenant will agree to surrender possession of a rent stabilized apartment in consideration of a cash payment and/or a ...
April 27, 2012Joshua C. Price
The United States Supreme Court denied a writ of certiorari filed by James and Jeanne Harmon of Manhattan who were seeking to have New York City's Rent Stabilization Law declared unconstitutional as an improper taking of his property. The Harmons' application attracted a great deal of media attention because the ...
April 26, 2012Joshua C. Price
The Appellate Term has decided an appeal of a non-primary residence proceeding in which the trial court ruled in favor of the tenant and the Appellate Term reversed and remanded for a new trial. The case caught my attention because the Appellate Term seems to have ...
April 18, 2012Joshua C. Price