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
New York's highest court - the New York Court of Appeals - recently decided a case called Estate of Becker v. Murtagh, 2012 WL 1080325 (2012) that paints an interesting picture of friendly neighbors becoming unfriendly over a claim of adverse possession. Adverse possession is ...
April 13, 2012Joshua C. Price
The Appellate Division, First Department has rendered a decision that gives more teeth to the landmark case of Roberts v. Tishman Speyer, 13 N.Y.3d 270 (2009). It is the law that when landlords accept J51 tax benefits in respect of a particular building, those landlords are required to subject their ...
April 2, 2012Joshua C. Price
A vehicle through which a landlord can recover a rent stabilized apartment is through what is called an owner use proceeding (sometimes called a personal use proceeding). Essentially, if a landlord can show that he/she intends to occupy a rent stabilized tenant's apartment as the landlord's (or a fmaily member's) ...
March 28, 2012Joshua C. Price
Most residential leases contain a clause that provides that the tenant is not permitted to have any pets. The New York City Administrative Code was amended a few years back to provide that a tenant openly and notoriously keeping a pet for more than a few months cannot be evicted ...
March 25, 2012Joshua C. Price
The Appellate Division has determined that Rent Stabilization Code 2523.5(c)(2) is invalid. This provision of the Code was enacted to provide landlords with another means of dealing with rent stabilized tenants who receive a renewal lease and fail to sign it. In the past landlords could choose to ignore the ...
March 19, 2012Joshua C. Price
A recent decision by Housing Court Judge Sabrina Kraus will likely inspire attorneys representing tenants to make some mischief when representing persons seeking to succeed to rent control apartments. Her decision, Golden Mountain Realty v. Severino, 2012 N.Y. Slip Op. 22048 (N.Y.Civ.Ct. February 29, 2012) stands for the following principle: ...
March 12, 2012Joshua C. Price