In The News
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...
Tenant Attorneys Fear Default Judgments
The latest executive order pausing default judgments is set to lift on November 4th, and tenant attorneys fear that nearly 15,000 cases will be lost by default. Concerned that the courts have not appropriately warned tenants about default judgments, they are calling...
Governor Cuomo’s New “Half-Measure” Just Pushes NY Housing Closer to the Breaking Point
Governor Cuomo signed a new executive order on Tuesday broadening the scope of the Tenant Safe Harbor Act, a bill allowing tenants to use financial hardship brought on by COVID-19 as a legal defense in some eviction proceedings. Tenant attorneys expressed frustration...
NY Courts Say They Won’t Expand Eviction Bans
New York's Office of Court Administration effectively extended New York eviction bans, set to expire on June 20, through September. Now, however, they say that they will not continue to extend the holds on evictions. Despite the Court calling on the other two branches...