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Landlord and Tenant Law

  • By: Jared Steiner
  • Published: May 29, 2020

In the past week, new legislation has been passed in New York City enacting additional limitations, and courts have provided some guidance, and further limits on the steps building owners can take to collect unpaid rent while Governor Cuomo’s executive orders are in effect. Unfortunately, there are still many questions that have not been answered. 1. New NYC Law Affects…Read More

  • By: Stephen M. Lasser
  • Published: May 13, 2020

Late last week, Governor Cuomo issued Executive Order (“EO”) 202.28 in furtherance of his press conference held on May 7, 2020.  EO 202.28 clarified some of the statements from the Governor’s press conference and added a few wrinkles, which are not favorable to landlords.  Here is a list of the key provisions: Nonpayment Cases. No new nonpayment cases, residential or…Read More

  • By: Jared Steiner
  • Published: May 8, 2020

In light of the financial difficulties attributable to the COVID-19 pandemic, commercial tenants are increasingly defaulting on their rent payments. Landlords are limited in their options for recovering these payments due to the executive order prohibiting non-essential services, which has prevented service of rent demand notices and prevented courts from accepting new filings of nonpayment petitions. Given the unknown duration…Read More

  • By: Stephen M. Lasser
  • Published: March 19, 2020

[printfriendly] There have been some recent legislative amendments, which seem well intentioned and positive.  Effective December 17, 2019, the amount that can be recovered in New York City small claims court cases was increased from $5,000.00 to $10,000.00.  This can be viewed as a positive development for landlords (including co-ops) and condominium boards. Due to the Housing Stability and Tenant…Read More

  • By: Michael Kayam
  • Published: February 12, 2020

YELLOWSTONE INJUNCTION IS BACK! By: Michael M. Kayam, Esq., of Lasser Law Group, PLLC Since 1968 the Yellowstone injunction has been a form of legal relief used in New York by commercial tenants who have been served with a notice to cure by their landlord to obtain an extension from a court to cure the default and prevent the landlord…Read More

  • By: Michael Kayam
  • Published: August 2, 2019

WAIVER OF YELLOWSTONE INJUNCTION UPHELD BY COURT OF APPEALS By: Michael M. Kayam, Esq., of Lasser Law Group, PLLC In New York, the Yellowstone injunction has long been a form of legal relief used by commercial tenants who have been served with a notice to cure by their landlord to obtain an extension from a court to cure the default and…Read More

Housing Stability and Tenant Protection Act of 2019
  • By: Stephen M. Lasser
  • Published: July 30, 2019

The Housing Stability and Tenant Protection Act of 2019 and Statewide Housing Security Protection Act of 2019 (collectively the TPA 2019) were signed into law by Governor Cuomo on June 14, 2019, and all landlords and tenants in New York will be affected by its sweeping amendments of long-standing New York laws. This article summarizes some of the most potentially…Read More

  • By: Stephen Lasser, New York Real Estate Journal
  • Published: November 20, 2018

[printfriendly] Auto-PDF Every commercial and residential lease should contain at least one conditional limitation. A conditional limitation is a lease provision that provides for the automatic termination of the lease upon a tenant’s failure to cure a default. In New York, most leases have separate and different conditional limitation provisions for non-monetary and monetary lease defaults, although frequently in both…Read More

  • By: Michael Kayam, Article
  • Published: August 10, 2018

In New York, the Yellowstone injunction is a form of legal relief used by commercial tenants who have been served with a notice to cure by their landlord to obtain an extension from a court to cure the default and prevent the landlord from terminating the lease until the dispute is settled or determined by the court. The Yellowstone injunction…Read More

  • By: Stephen M. Lasser, Article
  • Published: June 26, 2018

An issue that commercial landlords frequently have to address is tenants falling behind in their rent payments and then filing for bankruptcy protection. Once a tenant declares bankruptcy, an “automatic stay” goes into effect, which makes it illegal for the landlord to pursue eviction and collection efforts against the tenant except through the channels available through the tenant’s bankruptcy court…Read More

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