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…
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…
With the eviction moratorium expiring this month, lawmakers are pushing a “Good Cause” Bill, which would limit the ability of landlords to control rental rates for their properties. Bloomberg shared some details of the bill, including a quote from Kucker…
Now, two and half years after the New York State Legislature passed the Housing Stability and Tenant Protection Act of 2019 (HSTPA), the legislation continues to wreak havoc on the real estate industry and further burden New York’s court system….
Joseph Goldsmith, Esq., a partner with Kucker Marino Winiarsky & Bittens, LLP, has been elected to the Board of Directors of CIRCL Ltd. and joins Jason Frosch, a partner with Kucker Marino Winiarsky & Bittens, LLP, in this capacity. Founded in…
On Thursday, August 12, 2021, the Supreme Court of the United States (SCOTUS) put a halt on a key piece of New York’s eviction moratorium under the COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA). Until now, CEEFPA, currently set…
An article authored by our partner Nativ Winiarsky was featured in today’s New York Law Journal Special Litigation Report. This article discusses how recent court decisions have sought to clarify the analysis of rent overcharge claims in relation to both the Housing Stability…
As we approach the one-year anniversary of New York’s eviction moratorium, local landlords are still struggling with nonpayment and outright abuse of measures intended to protect tenants directly impacted by COVID-19. In a recent article and video piece produced by Reason,…
KMWB Partners Nativ Winiarsky, Jim Marino, and Lisa Faham-Selzer had the pleasure of recently joining Bill Weidner on his podcast, Realty Speak. In this episode co-hosted by SPONY’s Joanna Wong, our attorneys explain what’s really happening with the Eviction Moratorium — and the implications for…
Kucker Marino Winiarsky & Bittens (“KMWB”) is representing a prominent landlord in a series of class action lawsuits brought against owners of buildings receiving Real Property Tax Law § 421-a tax benefits. The landlord offered the tenants a temporary rent…
On December 28, 2020, the New York State Legislature passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) with the stated intention of protecting the public health, safety, and morals of New Yorkers from the dangers of the COVID-19 and to avoid as many evictions as possible for those people experiencing financial hardships and for those who are unable to move due to an increased risk of severe illness or death from COVID-19.
Governor Cuomo signed a new order on November 3rd creating a 60-day window for tenants to answer eviction filings to avoid default judgements. Of more than 17,000 residential nonpayment cases filed since June 22, 15% of tenants had answered as…