Nativ Winiarsky Secures Favorable Outcome in Major Case for New York City Landlords

KMWB secured a favorable outcome for landlords and property owners in a pivotal case for NYC Landlord Tenant Law. The case involved the controversial cluster-site housing program, a program in which non-profit organizations contract with New York City landlords to provide transitional housing to formerly homeless people and their families. Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, represented a landlord who managed several cluster-sites that were housing formerly homeless families for affordable rents. In this case, the non-profit organization ceased paying the landlord rent and the landlord began eviction proceedings against the residents. In response to these eviction proceedings, nearly sixty formerly homeless families living in various cluster-sites across Brooklyn filed a lawsuit and argued that they should be classified as tenants and be subject to rent-stabilization laws. In addition to Mr. Winiarsky’s argument that the tenants should be classified as licensees rather than tenants, he also presented the court with important policy considerations. He argued that no landlord or property owner would ever provide transitional housing for homeless people and their families if the cluster-site residents won this lawsuit. Judge Sweeney of the Brooklyn Supreme Court agreed with Mr. Winiarsky and granted the landlord’s motion for summary judgment.