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Michelle’s Guide to General Changes in Residential Landlord and Tenant Laws in New York City, Occasioned by the Statewide Tenant Protection Act of 2019

July 15, 2019 This is Part 3 of my series of articles on the Housing Stability Tenant Protection Act of 2019 (“HSTPA”). This short article rounds out our examination of the STPA and covers topics that did not fit in to Part 1 (about how the HSTPA changed the Rent Stabilization Law in New York… Continue reading

A Story About the Practical Implications of the Protections of the New Owner’s Use Rules Under the HSTPA of 2019

July 5, 2019 The Story I hesitated over writing this story. Why? Well, it’s long. And, frankly, I am proud of this particular work. We saved a person’s home. So, it just seemed like this story deserved better than my usual blogpost sarcasm. Thus, this post-idea remained on my “to be written” list for over… Continue reading A Story About the Practical Implications of the Protections of the New Owner’s Use Rules Under the HSTPA of 2019

Michelle’s Guide to Changes in the Landlord and Tenant Litigation Process in New York City, Occasioned by the Statewide Tenant Protection Act of 2019

June 26, 2019 This is Part 2 of my series of articles on the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”). This article is about how the STPA changed procedures in the landlord and tenant litigation process in New York City.[fn1] Part 1 was about how the HSTPA changed the Rent Stabilization Law in… Continue reading Michelle’s Guide to Changes in the Landlord and Tenant Litigation Process in New York City, Occasioned by the Statewide Tenant Protection Act of 2019

Just Under the Wire – The Last Tenant Buyout Before the Statewide Tenant Protection Act of 2019

June 16, 2019 Last fall, I began representing a Rent Stabilized tenant.[FN1] Landlord was a new owner of the building and had offered tenant a $125k buyout. Tenant wanted to leave the apartment but was not sure she was getting a good deal. Thus, I was hired by tenant to do a Tenant Buyout Analysis. … Continue reading Just Under the Wire – The Last Tenant Buyout Before the Statewide Tenant Protection Act of 2019

Michelle’s Guide to the Rent Stabilization Laws of 2019

Update April 6, 2020: The article below is still valid – but also read 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! Updated August 11, 2019 (Originally published June 17, 2019) I represent as many residential tenants… Continue reading Michelle’s Guide to the Rent Stabilization Laws of 2019

Goodbye Yellow Brick Road…and Goodbye Yellowstone Injunction? Michelle Itkowitz Teaches CLE at National Law Institute About the New Redbridge Case

December 21, 2019: UPDATE ALERT! Seven months after the Redbridge decision the status quo has been restored, by the New York State legislature enacting Real property Law § 235-h stating that: "no commercial lease shall contain any provision waiving or prohibiting the right of any tenant to bring a declaratory judgment action with respect to any provision, term… Continue reading

Claw Back of Free Rent for Defaulting Commercial Tenant Backed by Venture Capital

May 5, 2019 In this story, I represented a large commercial landlord in a dispute with its tenant, a growing business that had received several big infusions of venture capital. It was early in the relationship, yet tenant was swiftly falling behind. [FN1] It is not unusual for start-ups to fail and fail early. It… Continue reading Claw Back of Free Rent for Defaulting Commercial Tenant Backed by Venture Capital

Am I Allowed To Have A Roommate? Michelle Itkowitz Article in Bushwick Daily

April 15, 2019 Recently a shorter version of this Article originally appeared in Bushwick Daily, where Michelle Itkowitz is the “Tenant’s Rights Adviser”. Hi, I’m Michelle Itkowitz, an instructor on the Tenant Learning Platform and Bushwick Daily’s Tenant’s Rights Adviser. This is the second article in a series that will bust some common myths contained… Continue reading Am I Allowed To Have A Roommate? Michelle Itkowitz Article in Bushwick Daily

You Don’t Need to Throw in the Kitchen Sink – Pre-Paid Rent is Held in Trust for the Tenant

April 7, 2019 In today’s story, I represented a residential tenant who sublet a co-op for a rent of $15,000 per month and paid all that rent for the year ahead of time, for a term spanning January 1, 2018 through December 31, 2018.[1] In June of 2018, however, the board of the co-op… Continue reading You Don’t Need to Throw in the Kitchen Sink – Pre-Paid Rent is Held in Trust for the Tenant

Queue Ominous Music…the Co-Op Subtenant Who Would Not Pay or Leave

March 20, 2019 In this epic saga, my client was a shareholder in what used to be an affordable co-op in Queens.[1] We will call him “Shareholder”. A few years ago, another shareholder on the same floor as the building, we will call her “Subtenant”, was getting divorced. Subtenant told Shareholder that she was… Continue reading Queue Ominous Music…the Co-Op Subtenant Who Would Not Pay or Leave

Can I Run a Business In My Apartment? Michelle Itkowitz Article in Bushwick Daily

March 15, 2019 Recently, a shorter version of this article originally appeared in Bushwick Daily, where Michelle Itkowitz is the “Tenant’s Rights Adviser”. Hi, I’m Michelle Itkowitz, an instructor on the Tenant Learning Platform and Bushwick Daily’s Tenant’s Rights Adviser. This is the first article in a series that will bust some common myths contained in your… Continue reading Can I Run a Business In My Apartment? Michelle Itkowitz Article in Bushwick Daily

Where There Is Smoke There Is Not Always Fire – Occasionally a Preferential Rent is Done Correctly

February 24, 2019 Our story today, wherein I represented a residential landlord, concerns not one, but two, unicorns.[1] First, we have a Preferential Rent for a Rent Stabilized apartment that was properly discontinued and, Second, we have a parking space that really could be eliminated and not considered an essential service. Most Preferential Rents… Continue reading Where There Is Smoke There Is Not Always Fire – Occasionally a Preferential Rent is Done Correctly