Blog2020-03-09T06:25:33+00:00

Blog

THE APPELLATE TERM REVERSES TRIAL COURT’S VACATURE OF STIPULATION OF SETTLMENT “INADVISEDLY” ENTERED INTO BY OCCUPANT OF RENT STABILIZED APARTMENT

DNCT represented a landlord in a holdover proceeding commenced to recover possession of a rent-stabilized apartment on the ground that the tenant of record was not using the apartment as her primary residence. The tenant never appeared, but the occupant appeared by counsel and asserted her right to succeed to the tenancy as a nontraditional family member.

October 13th, 2021|

LANDLORD RENTAL ASSISTANCE PROGRAM (LRAP)

Starting Thursday, October 7, 2021 at 9 a.m., applications will be accepted for the Landlord Rental Assistance Program (LRAP) which provides rental assistance for landlords whose tenants are unwilling to apply for the Emergency Rental Assistance Program (ERAP), including where the tenant has left the rental property.

October 7th, 2021|

EVICTION MORATORIUM EXTENDED THROUGH JANUARY 15, 2022

On September 2, 2021 NYS Governor Hochul signed into law another eviction moratorium extension through January 15, 2022 in response to the US Supreme Court ruling that the self-attesting Hardship Declaration, Part A of CEEFPA, violates the Due Process Clause as it failed to require Tenants to produce any evidence supporting its claim of hardship nor Landlords the right to contest the Declaration.  [Chrysafis v. Marks].   While the new law seeks to correct its failings, the amendments do nothing more than give the appearance of due process.  

September 2nd, 2021|

THE UNITED STATES SUPREME COURT BLOCKS PART OF NEW YORK EVICTION MORATORIUM

On August 12, 2021, the United States Supreme Court granted an injunction enjoining enforcement of Part A of New York’s Covid Emergency Eviction and Foreclosure Prevention Act (CEEFPA). Under Part A of CEEFPA, if a tenant self-certified financial hardship, a landlord was generally precluded from contesting that certification and thereby denied the landlord a hearing.

August 16th, 2021|

SIGNIFICANT VICTORY FOR COOPERATIVES AS NY LEGISLATURE EXEMPTS COOPS FROM KEY PROVISIONS OF HSTPA

Cooperatives finally got long-awaited clarification from the New York State legislature on various sections of the Housing Stability and Tenant Protection Act of 2019 (the “HSTPA”). The HSTPA, meant to provide safeguards for tenants, created a number of unintended effects for cooperative boards. On June 10, 2021, the New York State legislature finally clarified that the inclusion of cooperatives in the tenant-protective provisions of the HSTPA was inadvertent. While the legislation still needs to be signed by the Governor, it is expected to be signed upon delivery to the Governor’s desk.

June 17th, 2021|

Sign up to receive our Newsletters

We will process the personal data you have supplied in accordance with our privacy policy.