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Jeffrey Turkel’s lead article in last month’s issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of provision in Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), holding that retroactive application of those provisions violated the due process rights of landlords. On the same day, however, the Court of Appeals decided another case, Collazo v. Netherland Property Assets LLC, with implications for landlord-tenant disputes. In Collazo, the court held first that the HSTPA’s provision giving tenants a choice of forum for overcharge complaints enjoyed retroactive application, and second that a landlord’s failure to admit its violation of the Rent Stabilization Law in deregulating apartments does not give rise to a claim under section 349 of the General Business Law.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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