“Successfully representing my client’s interests depends, not only on staying up to date with legal decisions, but with industry trends in my practice areas. Having this knowledge means that I can anticipate my client’s needs and litigate aggressively on their behalf. Understanding their world allows me to be successful on their behalf.”
Education
Fordham University School of Law
Juris Doctor
New York University Stern School of Business
Bachelor of Science
Admissions
New York State Courts
Supreme Court of the United States
Nativ Winiarsky is a Partner at Kucker Marino Winiarsky & Bittens, LLP. He is a senior attorney whose legal practice is concentrated on the practice areas of complex State Supreme Court and commercial landlord-tenant litigation. He has litigated countless trials, jury and non-jury, before various forums throughout the state. Nativ has been in the forefront of groundbreaking law that has greatly assisted landlords throughout the city, has argued motions and has participated in multiple and various appeals in both the state and federal level. Furthermore, he has written various articles in numerous legal journals and is a regular contributor to the New York Law Journal. With an established reputation as an extremely competent and aggressive litigator, Nativ has quickly risen to prominence in the high-stakes litigation arena.
Watch Nativ’s argument here (2:08:40) before the Appellate Division, Second Department addressing systemic Housing Court delays and procedural timelines.
Watch Nativ’s argument here before the Court of Appeals in one of the consolidated cases that made up the landmark ruling of Matter of Regina Metro. Co., LLC v DHCR.
Watch Nativ’s argument here before the Court of Appeals in a case involving the ability to amend DHCR registrations that would greatly impact landlords’ rights.
Watch Nativ’s arugment here (2:34:08) before the Appellate Division, Second Department concerning DHCR’s changing treatment of the substantial rehabilitation exemption from rent stabilization.
Nativ’s latest New York Law Journal publication can be read here.
Media & Publications Featuring Nativ Winiarsky
- The Barring of Rent in the Absence of a Certificate of Occupancy— A Rule Still In Need of Much Clarification
- ‘Regina’ and Its Potential Impact on Settled Clams
- ‘Regina’ and Fraud: A Much Needed Clarification
- Not Everything is Guaranteed in Landlord Tenant Guaranties
- Obstacles Arise When Tenant is a Foreign State
- ‘Regina,’ Fraud, and Its Evolving Interpretations
- Pre and Post HSTPA Analysis of Rent Overcharge Claims
- Fraud and the Default Formula: Still in Need of Clarification
- NY Atty Confusion, Concern Around New Virus Eviction Rule
- NYC Housing Court Starts Virtual Eviction Case Conferences
- NYC Says Courts Must Okay Some Pre-Virus Eviction Notices
- NYC Judges Preview Slow Start For New Eviction Cases
- NY Courts Say State Has 1 Month To Act On Eviction Hold
- NYC Tenant Attys Urge State, Courts To Prevent Default Spike
- NY Gov. Orders Eviction Default Buffer In Wake Of Atty Pleas
- Two Bills Targeting Illegal Rent Increases Await Their Fate
- NYC Evictions Have Increased Every Month This Year
- Mamdani’s rent freeze makes owning stabilized buildings ‘clearly unstainable’ for NYC landlords
- NYC squatters are cashing in on legal loopholes and crowded courts to take over homes — and good luck getting them out: experts
- Meet the law firm that just sued former Gov Eliot Spitzer
Two Bushwick buildings reflect NY’s twisted priorities - PolicyPro: Budget gridlock drags on, Queens landlords push for faster evictions
- 4 years, $60k in arrears: A portrait of housing court delays at their worst
- Rent overcharge cases pile up
- Brooklyn landlord accused of inflating rent, skirting 421a rules
- City sides with tenants at Stuy Town in case against Blackstone
- “They don’t deserve rent”: Tenants weigh rent strikes as landlords plan for the worst
- A glaring gray area for Stuy Town, Blackstone and the city
- Industry suffers setback in 421a class action suit
- Cuomo extended eviction ban, but there’s a big catch
- Nathan Berman wins FiDi Legionnaires’ dispute with Sonder
- Landlords puzzled by Cuomo’s eviction policy
- Courts to allow new cases to proceed, possibly including some evictions
- Real estate attorneys predict bottleneck, brain drain after court cuts
- “Tsunami” of NYC evictions? More like a trickle
Podcast & Radio Featuring Nativ Winiarsky
Firm News Featuring Nativ Winiarsky
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KMWB Argues Significant Substantial Rehabilitation Appeal
Partner Nativ Winiarsky recently argued an important appeal before the Appellate Division, Second Department concerning DHCR’s changing treatment of the substantial rehabilitation exemption from rent stabilization. Under the former Rent Stabilization Code, a building that was at least 80% vacant…
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NYC Council Introduces Revised COPA Legislation (Int. 905-2026): Key Implications for NYC Property Owners
The New York City Council has reintroduced the Community Opportunity to Purchase Act (“COPA”) through Intro. 905-2026, reviving a controversial proposal that could significantly impact the sale of multifamily properties throughout New York City. If enacted, the bill would require…
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KMWB Partner David Fonseca Appointed to NYC Housing Court Practice and Policy Advisory Committee
New Committee Signals Potential Reforms Impacting Housing Court Procedures, Timelines, and Case Outcomes Kucker Marino Winiarsky & Bittens, LLP (“KMWB”) is excited to announce the appointment of partner David Fonseca to the newly established New York City Housing Court Practice…