Michael Cuttitta is a Partner at Kucker Marino Winiarsky & Bittens, LLP, where he focuses his practice on rent regulation, administrative law and real estate litigation. He advises property owners, developers, real estate investors and landlords on complex regulatory matters affecting residential real estate throughout New York City and New York State.

Michael regularly represents clients in matters involving rent overcharge claims, regulatory exemptions, substantial rehabilitation, major capital improvements, and J-51 and 421-a tax benefits. He appears before the New York State Division of Housing and Community Renewal (DHCR) and litigates related matters in New York State Supreme Court, including Article 78 proceedings challenging or defending administrative determinations.

In addition to his litigation and administrative practice, Michael counsels clients on regulatory compliance and performs due diligence involving rent-regulated properties and other regulatory issues affecting real estate assets. His practice combines litigation experience with a detailed understanding of New York’s evolving rent regulatory framework, allowing him to help clients evaluate regulatory risk and develop strategies that support their broader ownership and investment objectives.

Michael earned his J.D. from Hofstra University School of Law, where he served as a staff member of the Hofstra Law Review and received Business Law Honors. He earned his B.A. in Political Science from Gettysburg College. Michael is admitted to practice in New York and New Jersey.

Representative Matters:

• Conducted rent-regulatory due diligence in connection with the acquisition of a seven-building mixed-use commercial and residential portfolio containing rent-stabilized apartments in 2026. The review included analysis of DHCR registration histories, leases and rent records, apartment regulatory status, and potential rent-stabilization and rent-overcharge exposure affecting the acquisition.
• Advised individual and privately held owners of New York City residential properties and portfolios in connection with proposed sales of properties containing rent-stabilized tenants, including analysis of rent histories, DHCR registrations, leases, regulated rents, and potential rent-regulatory issues affecting the transactions.
• Represented property owners in responding to inquiries from DHCR’s Late Rent Registration Unit (LRU), including matters involving alleged gaps or deficiencies in historical rent-stabilization registrations and requests for documentation concerning apartment rents and regulatory status.
• Successfully defended New York City property owners in rent-overcharge proceedings before the New York State Division of Housing and Community Renewal (DHCR), including matters involving challenges to historical rents, rent registrations, and the regulatory status of individual apartments.
• Secured a DHCR determination exempting a multi-unit residential property in Kingston from rent regulation based on a qualifying substantial rehabilitation. Following Kingston’s adoption of the Emergency Tenant Protection Act (ETPA), the KMWB team successfully demonstrated that the property’s prior condition and scope of work satisfied the substantial rehabilitation requirements, resulting in an exemption from rent stabilization.