As the hours count down before the laws governing New York City’s rent-regulated apartments are due to expire, the New York Senate and Assembly have come to an agreement on permanent and far-reaching reforms which affect nearly 1 million rent regulated units. Deemed the strongest tenant protections in the history of rent regulation, this controversial
Real Estate
Update: New York Court of Appeals Deals Serious Blow to Future Yellowstone Injunctions
By Nolan Shanahan & Adam H. Morsy on
Posted in Leasing, Real Estate
In a landmark decision, the Court of Appeals, New York State’s highest court, has endorsed a commercial tenant’s waiver of its right to seek a “Yellowstone” injunction, perhaps sounding the ultimate death knell for this common remedy for commercial tenants who are facing claims of default from their landlords. A Yellowstone injunction enables a tenant…
Commercial Landlords Beware: Tenant Trademark Infringement
By William W. Stroever & Adam H. Morsy on
Posted in Real Estate
Commercial landlords can now add another item to the already interminable list of risks they face in their capacities as landlords: liability borne from a tenant’s trademark infringement. The notion that a landlord could be vulnerable to legal action for the actions of its tenant runs counter to many people’s understanding of fairness. Nevertheless, commercial…
The Responsibility of a Condominium Association to its Residents on Damage Claims
By Scott J. Topolski on
Posted in Real Estate
In South Florida where planned communities are common, condominium associations—and homeowners’ associations—are often the norm, not the exception. Florida Statutes Section 718.103 defines a condominium association as “any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit…
New Jersey Court Rejects Zoning Board’s Issuance of a Variance That Discriminates Against Tenants
By Carl A. Rizzo & Christopher P. Massaro on
Posted in Land Use and Development, Real Estate
The Appellate Division has once again confirmed that “distinctions between renters or property owners in the application of zoning and land use laws have no place in the application of legitimate objectives of zoning.”
In Tirpak v. Bor. of Point Pleasant Beach, A-5088-17T1/A-5147-17T1, decided Feb. 11, 2019, the property owner sought to remove a…