Partner Nativ Winiarsky recently argued an important appeal before the Appellate Division, Second Department concerning DHCR’s changing treatment of the substantial rehabilitation exemption from rent stabilization. Under the former Rent Stabilization Code, a building that was at least 80% vacant…
The New York City Council has reintroduced the Community Opportunity to Purchase Act (“COPA”) through Intro. 905-2026, reviving a controversial proposal that could significantly impact the sale of multifamily properties throughout New York City. If enacted, the bill would require…
New Committee Signals Potential Reforms Impacting Housing Court Procedures, Timelines, and Case Outcomes Kucker Marino Winiarsky & Bittens, LLP (“KMWB”) is excited to announce the appointment of partner David Fonseca to the newly established New York City Housing Court Practice…
Yesterday, the Appellate Division, Third Department issued a significant decision addressing the constitutionality of New York’s source-of-income discrimination law as applied to Section 8 housing vouchers. In People of the State of New York v. Commons West, LLC, the Court held that…
When your co-op or condo board faces a shareholder who’s disruptive, in arrears, or disregarding building rules, you have a powerful legal tool: the ability to terminate the proprietary lease and evict the shareholder. As attorney Nativ Winiarsky, partner at…
KMWB Partner, Nativ Winiarsky, recently achieved a decisive win in Kings County Supreme Court in a high-stakes case arising from a tenant rent strike. The case involved tenants across the building who withheld rent for an extended period of time,…
A coalition of New York City property owners, represented by Kucker Marino Winiarsky & Bittens, LLP, has filed a pivotal appellate brief in the New York Supreme Court, Appellate Division – Second Department. The case, In the Matter of Argentine…
It’s been a busy October at Kucker Marino Winiarsky & Bittens (“KMWB”) and a GREAT month for our clients. KMWB has obtained a number of significant victories so far this month that are of consequence not only for our clients…
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….
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…