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Elements of Pandemic-Era Commercial Landlord and Tenant Settlement Agreements

May 30, 2021 I have settled so many commercial landlord and tenant matters during this Pandemic year. I intended to write here about those that presented interesting stories. But the year has been so hectic and, frankly, I have worked on so many settlement agreements that they have started to mush together in my mind.… Continue reading Elements of Pandemic-Era Commercial Landlord and Tenant Settlement Agreements

Saving a Rent Stabilized Tenant’s Apartment in Manhattan in a Non-Primary Residence Case

March 28, 2021 In this post, I describe how I saved a Rent Stabilized tenant’s apartment in Manhattan and I talk about my philosophy towards “victory” and settlement. In our story today, my client was a residential tenant in Manhattan. Her[1]three-bedroom apartment was subject to Rent Stabilization. In July 2017, her landlord commenced a non-primary… Continue reading Saving a Rent Stabilized Tenant’s Apartment in Manhattan in a Non-Primary Residence Case

Regaining Possession of a Rent Stabilized Apartment from a Tenant Who Moved to Oregon Four Years Ago – With Just a Notice (and Mountains of Camera Data!)

January 31, 2021 Whenever a potential landlord client comes to me and tells me that they have a “slam dunk” non-primary residence case I always roll my eyes. I always ask the same question, “Do you have cameras? No, not the security camera in the front of the building that takes bad pictures of everyone… Continue reading

The Case for an Evidence Based Law Practice and Some Good Guy Guaranty Case Resolutions

February 28, 2021 One of the challenges of administrating your own boutique law practice is managing an ever-growing caseload. During the Pandemic, I have been busier than perhaps at any other time in my law practice. Also, Pandemic-defaults present landlord and tenant practitioners with a whole new set of issues and challenges. Nevertheless, when a… Continue reading

Is Santa (with the help of Itkowitz PLLC) Bringing Rent Relief Due to Covid for NYC Restaurants this Holiday? IMPORTANT COVID DECISION ALERT

UPDATE: On April 12, 2021 the below decision was upheld upon re-argument. December 23, 2020 Itkowitz PLLC just secured an important victory for a Manhattan restaurant-tenant impacted by the pandemic and the executive orders prohibiting indoor dining. This decision has implications for restaurants (and other businesses shut down by executive orders during the pandemic) all… Continue reading Is Santa (with the help of Itkowitz PLLC) Bringing Rent Relief Due to Covid for NYC Restaurants this Holiday? IMPORTANT COVID DECISION ALERT

How One Manhattan Landlord Settled with Its Large Commercial Tenant During the Pandemic

October 25, 2020 There are many ways to settle these “Pandemic Commercial Default” cases, as I call them. This little vignette describes a complex settlement involving a big Manhattan owner and a large, venture-backed tenant. Itkowitz PLLC represented the Landlord. In consideration of the tenant adhering to a payment plan commencing in 2021, the… Continue reading How One Manhattan Landlord Settled with Its Large Commercial Tenant During the Pandemic

NYC Multifamily Building Deals with “Hair on Them”

September 13, 2020 I am often hired to conduct Rent Stabilization Due Diligence analyses on “deals with hair on them”. I have come to understand that phrase to mean a deal with a great deal of risk. Someone using that phrase about a NYC multifamily building usually means that the building has been neglected by… Continue reading NYC Multifamily Building Deals with “Hair on Them”

Clawing Back Free Rent and Suing Guarantor Brings About Settlement (“Catch me if you can!”)

August 2, 2020 In this story Itkowitz PLLC represented another big Manhattan commercial owner. The tenant was a very large company. In this case, we were brought in as litigation counsel by transactional counsel (not in my firm). We work this way often. I do not do transactions, so transactional lawyers feel comfortable referring me… Continue reading Clawing Back Free Rent and Suing Guarantor Brings About Settlement (“Catch me if you can!”)

Reasons the NYC Covid-19 Anti-Personal Guaranty Law Is Just Not That Great For Commercial Tenants

Updated September 2020 On May 26, 2020, the Mayor signed into law Bill Nos. 1932A-2020 and 1914-2020 (collectively “New Law”). These laws were apparently intended to limit the personal liability of good guy guarantors for liability incurred by a commercial tenant in New York City between March 7, 2020 and March 31, 2021 (“Covid Period”).… Continue reading Reasons the NYC Covid-19 Anti-Personal Guaranty Law Is Just Not That Great For Commercial Tenants

The Best Defense is NOT Always an Aggressive Offense for Commercial Tenants in the Pandemic

June 21, 2020 In this story Itkowitz PLLC represented a big Manhattan commercial owner. The Owner’s building was largely sublet to a multi-floor co-working company. One of the co-working company’s subtenants, a very small company with a very small space, sued everybody for everything. The Sub sued the tenant (sub-landlord) and my client, the… Continue reading The Best Defense is NOT Always an Aggressive Offense for Commercial Tenants in the Pandemic

The More Things Change, the More They Stay the Same! The Court of Appeals Beats Back Retroactive Enforcement of the HSTPA in Regina v. DHCR!!!

April 6, 2020 The roller coaster ride of New York City landlord and tenant law continues. I. Introduction This article will review the April 3, 2020 Court of Appeals decision in Regina Metropolitan Co. LLC v. DHCR, 2020 WL 1557900, and will: 1) Briefly explain the Rent Stabilization rent overcharge section of the HSTPA, historic tenant-friendly legislation in… Continue reading The More Things Change, the More They Stay the Same! The Court of Appeals Beats Back Retroactive Enforcement of the HSTPA in Regina v. DHCR!!!

Small Buildings and 421-a Rent Stabilization

May 10, 2020 In New York City, there are tax incentive programs frequently used by owners. Real Property Tax Law § 421-a establishes one of these programs (“421-a”). 421-a is also administered by HPD and DOF and gives tax benefits to owners who construct new buildings or create residential units in previously commercial buildings. The… Continue reading Small Buildings and 421-a Rent Stabilization