There has been a recent round of decisions in which courts have barred the collection of rent from an entire building whenever a DOB violation is issued in respect to a single unit being used in contravention of a building’s…
Whether you’re the owner of a single building with six or more dwelling units in Queens, or a property manager with more than 10,000 units across the five boroughs, a simple email could save you thousands—or hundreds of thousands—of dollars…
This past week, KMWB received a number of winning decisions that are impactful to the real estate industry. First, the firm prevailed on a motion to dismiss a putative class action case in which the tenants argued that a landlord…
When is an Owner liable for its Tenant’s illegal renting or subleasing of their leased premises transiently as an Airbnb? New York City Administrative Code §28-210.3 provides, in relevant part: It shall be unlawful for any person or entity who…
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.