The Courts begin accepting new eviction cases on June 22, but don’t expect to cross the finish line any time soon. While attorneys will be able to file cases for the first time since March, they are limited to in-person…
Last week, the NYC Bureau of Marshals issued guidance for the re-service of thousands of eviction notices issued before March 16. These pending evictions are now “stale”; more than 30 days have passed since the earliest eviction date on the…
New York Civil Court Administrative Judge Anthony Cannataro issued three notices on Friday regarding Gov. Cuomo’s latest executive order. The order prohibits nonpayment evictions against “someone that is eligible for unemployment insurance or benefits” or a residential or commercial tenant…
Gov. Andrew Cuomo’s latest executive order opens the doors for new commercial evictions to be filed, with some limitations. Tenants eligible for government unemployment assistance, those who are facing financial hardship due to the pandemic and are being evicted for…
This week, the New York City Housing Court began taking up qualifying cases in virtual settlement conferences. According to Chief Administrative Judge Lawrence K. Marks, eligible cases must have commenced before the pandemic, and both parties must have counsel. While…
Governor Cuomo rolled out an extension last week on the state’s moratorium on convictions through August. In a surprising change from the earlier ban, the new order only applies to tenants unable to pay rent due to COVID-19 or who…
Gov. Andrew Cuomo’s new executive order narrowing the eviction moratorium goes into effect on June 20. What does that mean for NYC landlords? “There remains a cloud of uncertainty throughout the industry as to how these executive orders are to…
While New York continues to reel in the wake of the COVID-19 tsunami, landlords are expecting a steep drop-off in rents early next month. As many are working to negotiate with their lenders and wait for the government to step…
Almost a year after the shocking Housing Stability and Tenant Protection Act was passed, the legislation is continuing to wreak havoc on the industry and overburden New York’s court system. How did we get here? KMWB attorneys Nativ Winiarsky…
On January 31st, without notice, the New York Department of State issued a Legal Guidance analyzing the Housing Stability and Tenant Protection Act. Buried in the document is a change indicating that the collection of brokers’ fees is prohibited. In…
KMWB’s Nicholas Yokos secured a favorable ruling in recent tenant-initiated proceedings against a local landlord. In response to the tenant’s call to 311, HPD inspected the premises and issued several violations, including for an illegal sheetrock partition. The landlord was…
The highest Court in the state, the Court of Appeals, is set to rule on whether recent changes to the Rent Law will be applied to pending rent overcharge cases, which have piled up since June 2019. An unfavorable ruling…
Nativ Winiarsky recently successfully argued an appeal before the Appellate Division and reversed a Supreme Court decision denying an MCI increase. The Supreme Court action was an Article 78 proceeding brought by tenants seeking to reverse DHCR’s determination which had…
Attorney Lisa Faham-Selzer is representing a New York City landlord in eviction proceedings after an NYPD sting revealed alleged prostitution activity in what was believed to be a legal, licensed nail salon. Lisa is working with the landlord and the…
KMWB represented a commercial tenant who entered into a net lease for a 58,000 square foot vacant warehouse that was a former paper mill factory. Our client executed the Lease when the Building was virtually a shell and set about…