In a first of its kind decision, KMWB partners Nativ Winiarsky and Robert Moore recently secured a victory for their clients in a case challenging the deregulatory status of an apartment. The tenant charged that the apartment was improperly deregulated…
In a recent decision, the Housing Court, in a nonpayment proceeding, denied tenant’s motion to appoint a Guardian ad Litem (GAL) which reaffirmed that such appointments should not be considered automatic, but instead, must be supported by credible and specific…
KMWB attorney Jeffrey Levine recently secured a unanimous victory before the Appellate Division, First Department, reversing a lower court decision that had dismissed our client’s action against a commercial tenant and lease guarantor on res judicata grounds. This important ruling…
On March 24, 2025, an important decision was issued by the Honorable Adam Meyers in RP Wimbledon Owner, LLC v. Theresa Chisholm. Specifically, RP Wimbledon expanded the requirements for serving notices of non-renewal on tenants subject to New York’s Good Cause Eviction (GCEL)….
KMWB is pleased to announce a key appellate victory secured by Partner James Schwartz in Eli Idi v. Gal Sela, a case that underscores the critical importance of procedural strategy when navigating between arbitration and litigation. The Appellate Division, First Department…
KMWB and firm partner Joseph Goldsmith have secured a significant victory against a retail tenant after an 11-day trial with the completion of an eviction and money judgment for $2,684,641.26, which included all rent, additional rent, legal fees, and interest….
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…