June 17th, 2010
As reported in the New York Law Journal and the New York Times, Governor David Paterson last week introduced new legislation [PDF] that would raise the threshold at which a landlord may seek to deregulate an apartment–from a monthly rent of $2,000 to $3,000.
In addition, the bill would address apartment deregulation for buildings receiving J-51 tax benefits, which were excluded from deregulation by the 2009 Court of Appeals decision in Roberts v. Tishman Speyer Properties LP. The new law, if passed, would allow current J-51 benefit recipients to deregulate apartments after October 22, 2009, provided the apartments did not become regulated as a result of receiving the J-51 benefit. The bill would establish a formula for determining overcharges in apartments improperly deregulated prior to the Roberts decision. The law potentially affects many tens of thousands of units. Tenants, regulated and deregulated alike, should consult with counsel to determine their rights.
Tags: Court of Appeals, David Paterson, J-51, luxury deregulation, rent stabilization, Roberts v Tishman Speyer
June 2nd, 2010
In Elliana 76 LLC v. Spier, the Appellate Term upheld a lower court ruling that the six-year statute of limitations bars a claim that a tenant’s companion animal was a breach of her lease.
The rent stabilized tenant’s Yorkshire terrier had lived at her apartment for 7-and-a-half years before the landlord attempted to evict her for breaching a no-pet clause. We moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR §213, as well as waiver under §27-2009.1 of the Administrative Code of the City of New York. As Judge Peter Wendt found, the landlord was barred from maintaining the case by a six-year statute of limitations for breaches of contract. The proceeding was dismissed and the landlord ordered to pay the tenant’s legal fees. On appeal, the Appellate Term affirmed.
The statute of limitations applies regardless of whether a landlord, co-op or condo knew of the presence of the companion animal.
Ms. Spier was represented by Darryl M. Vernon of the firm.
Tags: 27-2009.1, Appellate Term, rent stabilization, statue of limitations
March 1st, 2010
Mr. Vernon will be speaking on the Brooklyn Law School Student Animal Legal Defense Fund career panel on Wednesday, March 10, 2010 at 1:00 P.M. The panelists, including Odette Wilkins (executive director, Equal Justice Alliance), Beverly Jones (vice president and corporate counsel, ASPCA), Amy Trakinski & Len Egert of Trakinski & Egert, and Mr. Vernon of the firm, will describe the substance of animal legal defense and how they arrived in their current positions. A question-and-answer session will follow. 250 Joralemon Street, Room 505, in Downtown Brooklyn.
Tags: animal legal defense fund, Brooklyn Law School, careers
March 1st, 2010
Co-sponsored by the US Department of Housing and Urban Development and the New York State Division of Human Rights, and as part of Fair Housing Month this coming April, Mr. Vernon will be a speaker at a program titled “To Use and Enjoy” – Housing Rights for Persons with Disabilities. The program, designed for attorneys at the Division of Human Rights, runs from April 27 to 29, 2010. Mr. Vernon will speak on Tuesday, April 27, 2010 at 2:45 P.M.
Tags: companion animals, disability, reasonable accommodation
February 24th, 2010
A recent New York Law Journal article discussing apartment alterations in co-ops and condominiums, and the importance of having board-approved alteration agreements, highlighted Babeli v. 7-11 East 13th Street Corporation, a 2003 cases involving a cooperative unit owner with such a board-approved alteration agreement. After moving for preliminary injunction, Ms. Babeli won a court order compelling her co-op to allow her to proceed with agreed-upon alterations. The court, reviewing the agreement the co-op board had made with the plaintiff, concluded that she should be allowed to connect her rooftop space to her apartment by a staircase as outlined in the agreement. Further, the co-op’s stalling in coordinating the completion of the alterations-in-progress were pretext for trying to force Ms. Babeli to purchase more shares for her rooftop space, and in part because she had to live amidst ongoing construction, plaintiff met the requirements for preliminary injunction. Ms. Babeli was represented by Mel B. Ginsburg.
Tags: apartment alteration, Babeli v 7-11 East 13th Street Corp, co-ops, condos
February 23rd, 2010
On behalf of a co-op owner, the firm’s motion for summary judgment was granted when we demonstrated that the co-op did not timely commence the proceeding under the requirements of §27-2009.1 of the Administrative Code of the City of New York (sometimes referred to as the “Pet Law” or “three month rule”). Vernon & Ginsburg, LLP represented respondents Roman & Valiantsina Portnov, whose open and notorious harboring of their dog had begun, the court found, more than three months prior to the landlord’s serving a notice of petition and petition, thus triggering a waiver of any no-pet lease clause under the Pet Law.
“By waiting to serve the Notice of Petition and Petition after it first became aware of the dog’s existence, petitioner acted at its own peril, notwithstanding that it gave the respondents the benefit of the doubt,” Civil Court Judge George M. Heymann wrote in 2229-13 Apt. Corp. v. Portnov..
The court noted further that “[p]erhaps [the landlord] should have heeded the adage: ’shoot first, ask questions later.’ Had petitioner taken the precautionary and affirmative steps of timely commencing this proceeding at the outset, the waiver provision of the ‘Pet Law’ would not have come into play.”
The decision appeared in the decisions of interest section of the New York Law Journal on January 21, 2010.
Tags: 27-2009.1, co-ops
February 23rd, 2010
In Elliana 76 LLC v. Spier, Ms. Spier’s Yorkshire terrier had lived at her apartment for 7-and-a-half years before the landlord attempted to evict her for breaching a no-pet clause. On behalf of Ms. Spier, we moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR §213, as well as waiver under §27-2009.1 of the Administrative Code of the City of New York. As Housing Court Judge Peter Wendt found, the landlord was barred from maintaining the case by a six-year statute of limitations for breaches of contract. The proceeding was dismissed and the landlord ordered to pay the tenant’s legal fees.
Ms. Spier was represented by Darryl M. Vernon of the firm.
Tags: 27-2009.1, companion animals, CPLR 213, rent stabilization, statue of limitations
October 22nd, 2009
The Court of Appeals ruled today in Roberts v. Tishman Speyer that rent-stabilized apartments in buildings receiving J-51 tax benefits are not subject to luxury deregulation. This ruling will affect several groups of tenants. First, tenants who are presently in a luxury deregulation proceeding in a J-51 building will have direct and immediate benefit. Second, tenants whose apartments were already luxury deregulated and moved out of a J-51 building as a result may have claims based on the ruling. And third, those whose apartments have been luxury deregulated in a J-51 building and who have remained, now paying a rent likely well in excess of their rent-stabilized rent, may have substantial overcharge claims and a right to return to the pre-luxury-deregulation rent. As appears from the majority opinion’s final paragraph, the court left open issues concerning statutes of limitation, retroactivity and other issues. It is thus important to seek counsel promptly.
Tags: Court of Appeals, J-51, luxury deregulation, rent stabilization, Roberts v Tishman Speyer
September 1st, 2009
On December 7, 2009, Mr. Vernon chaired a seminar at the New York City Bar Center for CLE discussing issues concerning companion animals in housing in New York. The applicable federal, state and local laws were examined, including §27-2009.1 of the Administrative Code of the City of New York, laws relating to discrimination and the disabled, and statutory and case law generally applicable to housing. Cooperative, condominium, as well as rent-regulated housing were discussed. Course materials, CD and DVD versions are available on the City Bar website.
Tags: 27-2009.1, CLE, co-ops, companion animals, condos, disability
August 26th, 2009
The firm recently prevailed at the Appellate Division, helping secure rights for rent-stabilized tenants in a non-eviction co-op to have a companion animals. 1725 v. Block. The Appellate Division ruled that under the three-month rule (§27-2009.1 of the Administrative Code of the City of New York) the knowledge of on-site employees that provide services to both co-op unit owners and rent-regulated tenants alike is sufficient to trigger a waiver of a no-pet clause and allow the rent-regulated tenants to keep their companion animal. The case cited the firm’s argument that the General Business Law §352-eeee, concerning managing agents in a non-eviction co-op, supports a finding that the knowledge of the on-site employees in a co-op triggers a waiver for regulated tenants under §27-2009.1. The rent-stabilized tenants in Block hired Vernon & Ginsburg, LLP after a defeat in the lower court. Our firm prevailed in appeals at both the Appellate Term and Appellate Division.
Tags: 1725 v Block, 27-2009.1, Appellate Division, co-ops, rent stabilization
