In The News
KMWB Partners Discuss the Constitutionality of HSTPA and “Good Cause Eviction” on Realty Speak Podcast
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. Most recently, the New...
Election of Joseph Goldsmith Strengthens Loft Building Owners’ Advocacy Group
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 2017, CIRCL Ltd....
SCOTUS Halts Self-Certified Hardship Declarations
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 to expire on August...
Pre and Post HSTPA Analysis of Rent Overcharge Claims
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...
#CancelRent? Read About the Victims of the Eviction Moratorium
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...
The Eviction Moratorium – What You Need to Know Right Now
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...
KMWB Representing Landlord Against Claims of Defrauding 421a Program
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...
THE LATEST FROM THE NYS LEGISLATURE THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020
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 Extends Response Window for Tenants
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 of October 29. The...