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,…
Despite a tumultuous year of court closures, legislation changes, and moratoriums, Kucker Marino Winiarsky & Bittens attorneys continued fighting for their clients and the wider New York Real Estate community this past year. Below are some of the successful judgments…
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…
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…
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…
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…
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…
As the statewide eviction moratorium ends August 5th, fears are mounting about whether New York City is set to “go over a cliff” with housing. While advocates and elected officials have called for stronger relief measures for tenants, like cancelling…
Last Thursday, Judge Lawrence Marks issued a memo laying out the steps for filing new evictions electronically or by mail. Unfortunately, the system is not yet operational. The memo states that Gov. Andrew Cuomo’s previous blanket eviction moratorium would remain…
The Courts begin accepting new eviction cases on June 22, but don’t expect to cross the finish line any time soon. While attorneys will be able to file cases for the first time since March, they are limited to in-person…
Last week, the NYC Bureau of Marshals issued guidance for the re-service of thousands of eviction notices issued before March 16. These pending evictions are now “stale”; more than 30 days have passed since the earliest eviction date on the…
New York Civil Court Administrative Judge Anthony Cannataro issued three notices on Friday regarding Gov. Cuomo’s latest executive order. The order prohibits nonpayment evictions against “someone that is eligible for unemployment insurance or benefits” or a residential or commercial tenant…
Gov. Andrew Cuomo’s latest executive order opens the doors for new commercial evictions to be filed, with some limitations. Tenants eligible for government unemployment assistance, those who are facing financial hardship due to the pandemic and are being evicted for…