News

GOV. PATERSON INTRODUCES BILL TO LIMIT LUXURY DEREGULATION

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.

FIRM PARTNER TO BE LECTURER AT 2011 MONDAY NIGHT LAW SPONSORED BY NYC BAR ASSOCIATION

June 2nd, 2010 Mr. Vernon will be a speaker at Monday Night Law, which is sponsored by the NYC Bar Association, and at which Mr. Vernon has been a program speaker for the past six years. The program is to educate lawyers in various areas of law so that they may give pro bono advice to the public. Mr. Vernon speaks on all areas of housing, ranging from rent regulated housing to Mitchell-Lama coops as well as private cooperative and condominium housing.

FIRM PREVAILS IN APPELLATE TERM UNDER STATUTE OF LIMITATIONS

June 2nd, 2010 The Appellate Term upheld the firm's lower court victory 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. The firm 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. Mr. Vernon handled both the lower court case and appeal.

APPELLATE TERM UPHOLDS RIGHT OF TENANT TO KEEP HER COMPANION ANIMAL OF 7 YEARS

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.