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 ...
Tag: owner use proceeding
January 24, 2014Joshua C. Price
An issue of contention in Housing Court for many years has been whether a landlord must name a spouse on a notice of non-renewal of lease ("Golub Notice") that serves as the predicate for a non-primary residence proceeding or owner use proceeding when that spouse is ...
August 29, 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
The Obama Administration has successfully overseen a settlement that will require five of the nation's largest banks to pay 25 billion dollars (combined) for having committed the sin of using a robo-pen on mortgage documents. The federal government and 49 of the states reached a settlement ...
February 14, 2012Joshua C. Price
The landlord-tenant bar was jolted by the Court of Appeals affirmance of the Appellate Division in the case of Roberts v. Tishman Speyer, 13 N.Y.3d 270 (2009). The holding in Roberts was that notwithstanding the DHCR's interpretation of the J-51 statute, those landlords who received J-51 tax benefits could ...
February 6, 2012Joshua C. Price