admin, Author at itkowitz

The Effect of Landlord Himself Having His Pet in the Building on the “No Pet” Lease Clause – MICHELLE’S MONDAY MANDAMUS

July 25, 2016 This Q&A post originally appeared on the LandlordsNY blog, where Michelle Maratto Itkowitz is the "Legal Expert". Hi, Michelle here. I am the LandlordsNY “Legal Expert”. My goal is to post in the blog all of the questions I get from LandlordsNY members (keeping the member anonymous) and my answers thereto,… Continue reading

Itkowitz PLLC Obtains $300k Buyout for Residential Tenant

July 6, 2016 Itkowitz PLLC obtained a $300k buyout for a residential tenant, who was defending against a holdover case. This tenant was represented by another lawyer for the first two significant rounds of the case, and had lost. When we got the case we looked carefully at it, and saw something that the… Continue reading Itkowitz PLLC Obtains $300k Buyout for Residential Tenant

Tenant Buyouts for the Next Generation — the Press Got it Wrong!

June 3, 2016 On June 1, 2016 I appeared at the Terra-CRG Only Brooklyn Real Estate Summit to speak on Tenant Buyouts. This was my most left-wing leaning presentation to landlords ever, and yet the Press decided to slam me as being anti-tenant. That's just so wrong. And so not helpful to either landlords or… Continue reading

Itkowitz PLLC’s Rent Stabilization Due Diligence for Multi-Family Acquisitions, Sales, Lending, and Pre-Litigation

May 25, 2016 This is the one year anniversary of Michelle Itkowitz launching her rent regulatory due diligence product. Since that time, she has done about fifty of these gigs. If a building has tenants, those tenants are vital to the building’s future -- either because the tenants are the building’s source of revenue… Continue reading

Itkowitz PLLC Obtained Summary Judgment Voiding a Commercial Lease Entered into by a Receiver of a Property, which was then in Foreclosure

April 21, 2016 On April 20, 2016, Itkowitz PLLC obtained summary judgment voiding a commercial lease ab initio entered into four years prior by a receiver of a commercial property, which was then in foreclosure. The order appointing the receiver specifically limited the receiver’s ability to lease the commercial space for periods no longer… Continue reading

DHCR Rent Reduction Orders and the Four-Year Statute of Limitations

April 19, 2016 April 19, 2016: This Q&A post originally appeared on the LandlordsNY blog, where Michelle Maratto Itkowitz is the "Legal Expert". Question: “I wanted to get your opinion on a situation I have at an 8 family building in Brooklyn. The former owner had passed away and her daughter didn't want to manage the building, thus it was… Continue reading

The Praise Keeps Pouring in for Michelle Itkowitz’s Lawline Landlord & Tenant Litigation CLE Series!

March 31, 2016 -- The praise keeps pouring in. These are the first quarter 2016 comments! Michelle Maratto Itkowitz, with some generous help from Jay B. Itkowitz, presented an eight-hour, seven-part Continuing Legal Education Curriculum for Lawline – New York Landlord and Tenant Litigation. The shows took a year to prepare and record and are available on Lawline.com. This CLE series seeks to… Continue reading

J-51 TAX BREAKS AND RENT STABILIZATION EXPLAINED!

March 17, 2016 The latest way-too-complicated issue facing landlords and tenants… Updated: March 17, 2016 (Link to PDF) By Michelle Maratto Itkowitz Confused about all this stuff you are hearing about J-51 tax benefits and Rent Stabilization? Are you a landlord who got a letter recently from DHCR about the Roberts v. Tishman Speyer… Continue reading

Itkowitz PLLC Obtains Cancellation of Lis Pendens Allowing Developer to Proceed with Condo Sales

March 2016 Itkowitz PLLC obtained a cancellation of a lis pendens, with prejudice, allowing a developer to proceed with condo sales. A disgruntled investor sued a condo developer alleging breach of fiduciary duty — seeking removal of the managers, breach of contract and fraud. In connection with the lawsuit, the investor filed a… Continue reading Itkowitz PLLC Obtains Cancellation of Lis Pendens Allowing Developer to Proceed with Condo Sales

Obtaining Favorable Building Capital Improvement Tax Categorization from the New York State Department of Taxation and Finance

February 19, 2016 Itkowitz PLLC helped obtain favorable building capital improvement tax categorization on behalf of a midtown office building client from the New York State Department of Taxation and Finance. Our client owns a midtown office building for which it had undertaken major capital repairs to the façade. The rehabilitation included replacement of windows, removal… Continue reading Obtaining Favorable Building Capital Improvement Tax Categorization from the New York State Department of Taxation and Finance

Retroactive Billing for Additional Rent on Air Conditioning Survives Summary Judgment

January 25, 2016 Itkowitz PLLC just defeated a motion for summary judgment in Supreme Court, New York County, brought by Atalaya Capital Management LP, which occupied a portion of the 16th floor of 623 Fifth Avenue. Atalaya had sued commercial landlord Fifth Avenue Building Co., seeking a judgment for its security in the amount of $43,982.24 plus $11,919.32 for… Continue reading Retroactive Billing for Additional Rent on Air Conditioning Survives Summary Judgment

Itkowitz PLLC helps a Landlord in Greenwich Village Recover a Rent Controlled Apartment for a $25k Buyout, with ZERO Litigation.

March 2016 Itkowitz PLLC helped a landlord in Greenwich Village recover a Rent Controlled apartment for a $25k buyout, with ZERO litigation. The tenant was a college professor who had been in the apartment since 1971. The problem was that he no longer truly lived there. He used the apartment as a pied-a-terre … Continue reading Itkowitz PLLC helps a Landlord in Greenwich Village Recover a Rent Controlled Apartment for a $25k Buyout, with ZERO Litigation.