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RENT GUIDELINES BOARD ENACTS NEW GUIDELINES
On June 17, 2020, the Rent Guidelines Board (“RGB”) voted on the permissible rent increases for leases commencing on or after October 1, 2020 through September 30, 2021.
CONFUSION CONCERNING HOUSING COURT EVICTION PROCEEDINGS IN THE WAKE OF COVID-19 AS OF JUNE 18, 2020
On June 18, 2020 Chief Administrative Judge Lawrence K. Marks issued a long-awaited Memorandum concerning the opening up of Housing Court and the procedure for addressing residential and commercial summary proceedings. Unfortunately, the Memorandum has only served to cause mass confusion in the legal community.
THE MERE DISCONTINUANCE OF A PRIOR FORECLOSURE ACTION DOES NOT DE-ACCELERATE THE MORTGAGE DEBT; EXPLICIT NOTICE OF DE-ACCELERATION IS REQUIRED
On June 3, 2020, the Appellate Division, Second Department in the case of Trust v. Barua, 2020 N.Y. Slip Op. 03095, reversed a decision by the lower court and held that the discontinuance of a prior foreclosure action did not, standing alone, de-accelerate the mortgage debt. Therefore, a subsequently filed foreclosure action was time-barred.
NEWLY ENACTED SECTION OF NYC ADMINISTRATIVE CODE SEEKS TO PROVIDE COMMERCIAL LEASE GUARANTORS WITH RELIEF
On May 26, 2020, Mayor Bill de Blasio signed into law Section 22-1005 of the NYC Administrative Code, which prohibits the enforcement of personal guaranties of New York City commercial leases involving COVID-19 impacted tenants. Significantly, the new law offers no relief to individual proprietors who execute commercial leases in their own names.
NEW DIRECTIVES CONCERNING NONPAYMENT PROCEEDINGS IN HOUSING COURT AS OF MAY 22, 2020
On Friday, May 22nd, Judge Anthony Cannataro, the Administrative Judge of the NYC Civil Court, issued 3 new Directives relating to Governor Cuomo’s Executive Order 202.28 which limits the commencement of summary nonpayment proceedings and the enforcement of eviction orders until August 20, 2020.
GUIDELINE FOR TENANT NONPAYMENT ISSUES DURING COVID-19 AS OF MAY 11, 2020
On May 7, 2020, in an effort to help those impacted by COVID-19 address their rent obligations, Governor Cuomo issued Executive Order 202.28, which modified the security deposit law. Relief is available from the date of the Order but significantly only through June 6, 2020.
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