Major Case Before NY Court of Appeals

Kucker Marino Winiarsky & Bittens, LLP remains at the forefront of legal advocacy for property owners, continuing to fight against overreaching regulations and ensuring fair treatment under the law. Recently, KMWB Partner Nativ Winiarsky appeared before the New York Court of Appeals, arguing a pivotal case that could significantly impact property registration requirements and the ability of owners to correct past filings without facing allegations of fraud.

Watch the Full Argument Here:

Key Issue: Amending DHCR Registrations to Avoid Fraud Allegations

The case centers on whether property owners have the right to file amended DHCR registrations to correct past omissions or errors—an issue with far-reaching consequences for owners managing regulatory compliance. A ruling against property owners could set a precedent that limits their ability to rectify historical filing mistakes, increasing the risk of fraud claims and costly legal disputes.

Potential Impact on Property Owners

If the Court rules against the ability to amend past filings:

  • Owners may face heightened risks of fraud allegations based on prior registration errors.
  • There could be increased litigation and financial liability for property owners.
  • Compliance challenges may intensify, forcing owners to navigate an even more complex regulatory landscape without clear guidance.

A favorable ruling, however, would reaffirm owners’ rights to make necessary corrections without undue penalties and provide clarity on property registration procedures moving forward.

Next Steps & How KMWB Can Help

KMWB will provide updates as soon as a decision is issued. In the meantime, property owners should:

  • Review past DHCR filings to identify potential discrepancies.
  • Consult legal counsel on best practices for registration compliance.
  • Stay informed on developments in this case, as the outcome will shape future property regulations.

Should you have any questions, please feel free to contact Nativ Winiarsky at [email protected] or 212-869-5030.

Nativ Winiarsky is a partner at Kucker Marino Winiarsky & Bittens, LLP. He is a senior attorney whose legal practice is concentrated on the practice areas of complex State Supreme Court and commercial landlord-tenant litigation.

If you have any questions, please do not hesitate to contact Nativ at 212-869-5030.