A recent decision of the Appellate Division, First Department has reiterated the long-standing rule that when a landlord overcharges a tenant that the tenant will be entitled to an award of treble damages unless the landlord ...
June 25, 2014Joshua C. Price
A recent decision of the Appellate Term, First Department has reiterated, emphasized and clarified a long-standing rule in non-primary residence cases – That rule is that even if a tenant has under penalty of perjury sworn on tax documents that the tenant lives away from the subject rent stabilized apartment ...
May 9, 2014Joshua C. Price
Many landlord-tenant cases will go on for longer than is appropriate because a factor will come into play seen in landlord-tenant cases but not seen in cases in most other areas of the law. That factor is attorneys' fees. The Lengths People Will Go to Avoid Paying Legal ...
April 8, 2014Joshua C. Price
Practicing in the field of landlord-tenant law is unique in that the losing party will often have to pay the prevailing party an award of its reasonable legal fees. In England there is a rule (called the English Rule) that provides that the losing party to ...
January 24, 2014Joshua C. Price
In light of the landmark Roberts decision (a case that held that owners who had received J51 tax benefits from the City of New York and then subsequently deregulated rent stabilized apartments were liable ...
December 20, 2013Joshua C. Price
The New York Court of Appeals (New York's highest court) has issued a decision that affirms the long-standing standard of review to be employed by the Appellate Division when the Appellate Division is acting as the second appellate court to pass judgment on a non-primary residence proceeding. In the case ...
December 13, 2013Joshua C. Price
A few days ago the Appellate Division, First Department issued a decision in which it affirmed the long-held principle that a landlord and a tenant cannot enter into an enforceable agreement in which the parties have opted out of rent stabilization. I wrote an ...
November 27, 2013Joshua C. Price