A recent decision of the Appellate Division has emphasized the burden a landlord faces when confronted with a rent overcharge claim. In the case of Chekowsky v. Windemere Owners, LLC, 2014 N.Y. Slip Op. 01139 (1st Dept. 2014) a ...
Tag: rent regulation
February 27, 2014Joshua 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
The rent regulation system (both rent control and rent stabilization) is an albatross to landlords and as a result those landlords are often looking for any way to free themselves from the confinement of the regulatory system. For decades now, individual landlords have concocted schemes ...
November 25, 2013Joshua C. Price
New York’s highest court – The Court of Appeals – recently ventured into the arcane world of rent regulation and issued a surprising decision awarding succession rights ...
November 21, 2013Joshua C. Price
One of the more interesting issues presented by the Roberts case is that where a landlord has incorrectly deregulated several apartments in a building that the landlord will only suffer the consequences of that error when a tenant stands up for his/her rights. In other words, ...
August 20, 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
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