On March 20, 2025, the New York State Court of Appeals issued its decision in Burrows v. 75-25 153rd Street, LLC which addressed the application of the fraud exception in rent overcharge claims under the New York Rent Stabilization Law. In Burrows, the tenants alleged that the landlord engaged in fraudulent practices by registering inflated legal…
A recent court decision in 100 John Mazal SPE Owner LLC v. Sage has significant implications for NYC property owners regarding tenant disputes and credit reporting. The ruling establishes that property owners cannot report unpaid rent to credit agencies before a legal…
Ensuring equal access to housing isn’t just the right thing to do—it’s the law. Under New York’s Human Rights Law, housing providers must inform tenants of their rights to reasonable accommodations and modifications. This critical requirement helps individuals with disabilities…
KMWB is pleased to share a significant legal victory for New York property owners and property managers regarding Real Property Law §227-e. In a case of first impression, the plaintiff attempted to expand the application of RPL §227-e, alleging that…
Kucker Marino Winiarsky & Bittens, LLP is pleased to announce another significant win for property owners, achieved by Partner Nativ Winiarsky. Recently, a group of tenants in a putative class action sought to reargue or renew their previously dismissed case,…
The U.S. Department of the Treasury has recently announced that it will not enforce any penalties or fines for failing to comply with the CTA’s reporting requirements under the existing regulatory deadlines. Additionally, the Treasury Department will not enforce penalties…
On February 19, 2025, the New York State Division of Housing and Community Renewal (DHCR) released updated Consumer Price Index (CPI) and Fair Market Rent (FMR) figures, which directly impact property owners that own properties subject to Good Cause Eviction…
The Corporate Transparency Act (CTA) is once again in effect following recent legal developments. On February 15, 2025, the Financial Crimes Enforcement Network (FinCEN) filed a notice of appeal in Smith v. United States Department of the Treasury, prompting the…
Our firm is proud to announce a significant legal victory that strengthens landlord rights and clarifies the implications of the Emergency Rental Assistance Program (ERAP). In a pivotal decision, Judge Stoller, the Citywide Administrative Judge of the Housing Court, ruled…
Kucker Marino Winiarsky & Bittens, LLP remains at the forefront of legal advocacy for property owners, continuing to fight against overreaching regulations and ensuring fair treatment under the law. Recently, KMWB Partner Nativ Winiarsky appeared before the New York Court…
KMWB recently successfully represented ISTA Holding Co Inc. in a commercial nonpayment proceeding against H Square Market Inc. (ISTA Holding Co Inc v. H Square Market Inc, LT-315810-24/NY). The Court ruled in favor of our client, awarding judgment in the amount of over $370,000.00. The…
The New York City Council has officially reintroduced the J-51 Tax Abatement Program after a two-year hiatus. This program, which previously expired in June 2022, offers significant tax abatements and exemptions for landlords who complete qualifying renovations on low-to-moderate-cost residential…
Last month, the Fair Chance for Housing Act (FCHA) introduced new guidelines that reshape how landlords, co-op boards, and property managers handle tenant and buyer screenings. These changes are designed to reduce discrimination and promote equitable housing opportunities across New…
Tenant filed an HP proceeding alleging that the landlord failed to provide heat and hot water as required under the Housing maintenance Code and a claim of harassment. Our client disputed any alleged harassment claim and stated the boiler had…
KMWB Partner, Nicholas Yokos, Esq., and Senior Associate, Brian Campbell, Esq., on behalf of a Manhattan commercial landlord in a nonpayment proceeding successfully opposed tenant’s application to vacate its default with the Court rejecting the tenant’s contentions of improper service…