Can a NY Condominium Association Board Ban Smoking

Can a NY Condominium Association Board Ban Smoking?

Can a NY Condominium Association Board Ban Smoking? Yes, New York condominium boards can implement no smoking policies.  It is usually impossible to prevent a neighbor’s  secondhand smoke from entering your  condominium. Even running a purifier  may not remedy the problem. According to the American Society for Heating, Refrigerating and Air Conditioning Engineers, no standard…

Are NY Landlords Liable When A Tenant Assaults Another Tenant

Are NY Landlords Liable When A Tenant Assaults Another Tenant?

Are NY Landlords Liable When A Tenant Assaults Another Tenant? No. The plaintiff sued his landlord for damages for injuries stemming from an assault by another tenant. He alleged that the landlord was negligent for failing to keep the premises free from known dangerous conditions. He appealed from the grant of summary judgment to the…

NY Residential Eviction & Foreclosure Moratorium Extended To May 1, 2021

NY Residential Eviction & Foreclosure Moratorium Extended To May 1, 2021

NY Residential Eviction & Foreclosure Moratorium Extended To May 1, 2021 New York Governor Andrew M. Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the”Act”) on December 28, 2020. The Act prevents residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic. It also extends the…

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional The  U.S. District Court for the Southern District of NY in Elmsford Apartments Associates LLC v. Cuomo  rejected New York landlords’ claims that the New York Covid-19 eviction moratorium (the “Moratorium”) violated their rights under the contracts, takings, due process and petition clauses of the…

Eviction moratorium extended, but tenant advocates call it a cycle of panic

Eviction moratorium extended, but tenant advocates call it a “cycle of panic”

Eviction moratorium extended, but tenant advocates call it a “cycle of panic” WKBW Channel 7 Buffalo – July 16, 2020 Renters are still in fear of eviction as the protections laid out by Governor Andrew Cuomo have done some, but not enough to relieve them of this cyclical panic. Evictions are not currently being carried…

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted   The Tenant Safe Harbor Act (“TSHA”) was signed into law by Governor Cuomo on June 30, 2020 to address the tidal wave of evictions looming over New Yorkers. Courts are prohibited  from ever evicting residential tenants who experienced financial hardship for nonpayment of rent that accrues or becomes due…

NY Covid-19 Eviction Procedures

NY Covid-19 Eviction Procedures

NY Covid-19 Eviction Procedures As the New York court system expands operations in coordination with Governor Cuomo’s reopening of various geographic regions, there is concern about the adverse public health consequences that may arise from a sudden high-volume influx of eviction court appearances. Also, there are various restrictions on filing and prosecution of eviction matters…

Victoria’s Secret Reveals Why it Can Barely Pay its Rent

Victoria’s Secret Reveals Why it Can Barely Pay its Rent Victoria’s Secret is suing the landlord of its Midtown Manhattan, New York store for attempting to collect over $1.08 million in rent after the COVID-19 shutdown, claiming that: the lease is  unenforceable due to the government-mandated closing of its store; the total standstill of business,…