Governor Kathy Hochul recently signed RPL 234-a into law prohibiting landlordsfrom assessing legal fees and other administrative charges in connection with the operation orrental of a residential dwelling. The bill outlaws assessing these fees unless they are awardedpursuant to a…
KMWB initiated a holdover as against a tenant who failed to renew his lease. The tenant interposed an answer, through counsel, stating that he did not sign the last renewal lease because it was improper due to an alleged rent…
By: Joel Shafferman Landlords often find themselves as involuntary parties to bankruptcy cases filed by a tenant. Affected landlords should be comforted in knowing that the bankruptcy laws give them protections not available to other creditors. Bankruptcy Basics Most debtors…
Federal Court Says New York’s Guaranty Law Violates the United States Constitution… But in a Recent Footnote, One New York State Court Hits Pause on the Enforcement of Guarantees By: William J. Halkias, Esq. In May 2020, the New York…
You probably know that federal, state, and city laws prohibit discrimination by landlords against tenants and prospective tenants based upon age, national origin, disability, marital status, religion, etc. And you hopefully know that New York City’s anti-discrimination laws include protection…
The Real Deal this month reported on eight lawsuits commenced by KMWB Partner Joseph Goldsmith against HPD by landlords who argue that a city program improperly forces them to prove their tenants were not harassed, or to set aside apartments for…
The September, 2022 newsletter published by the New York Real Estate Law Reporter features as its lead article an article penned by KMWB Senior Litigation Partner Nativ Winiarsky discussing a recent win at the Appellate Division Second Department. The Decision in…
On August 31, 2022, the DHCR proposed changes to various sections of the Rent Stabilization Code. While we will have a summary of those changes for you in the coming days, we thought it worthwhile to tell you immediately about…
KMWB Partner Nativ Winiarsky’s latest article to appear in the New York Law Journal focuses on the application of the default rule in the context of rent overcharge cases in the wake of Regina. Nativ begins the article reviewing the…
Nicholas Yokos, Esq. of KMWB, successfully opposed a tenant’s motion to dismiss a holdover proceeding with the court denying the motion, as well as granting the Landlord’s cross-motion for use and occupancy. Notably, in denying the Tenants’ motion to dismiss,…
William Hummell, Esq. of KMWB, by an Order of the U.S. Court of Appeals on June 21, 2022, defeated the judgment debtor’s appeal from $1.35 million trial Judgment. Court of Appeals affirmed every part of the Judgment.
William Hummell, Esq. of KMWB, facilitated public auction by U.S. Marshal on May 26, 2022, auctioning two co-op apartments turned over by judgment debtor pursuant to Federal Rule 69(a) Order in aid of enforcement of trial Judgment.
Judgment debtor violated Turnover Order to convey shares certificate and proprietary lease for two co-op apartments to judgment creditor under Federal Rule 69(a) judgment execution. William Hummell, Esq. of KMWB, filed an order to show cause pursuant to SDNY Local…
In this month’s RSA Reporter is a discussion under noteworthy decisions about the appeal KMWB Partner Joseph Goldsmith won before the NYS Court of Appeals in Aurora Associates v. Locatelli, 2022 NY Slip Op 00958 (2022). In Locatelli the NYS…
William Hummell, Esq. of KMWB, on October 5, 2021, defeated the judgment debtor’s second motion for a stay of enforcement of trial Judgment – motion he filed with the U.S. Court of Appeals.