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When to Write a “Lawyer’s Letter” Versus When to Serve a Notice to Cure Default Under Lease; Or When to Order a Donut Versus When to Order a Danish

February 24, 2018 The subject tenant in this story was a donut shop in Northern Manhattan. I represented the commercial landlord. Tenant was scheduling deliveries through the lobby of my client’s building. Tenant’s vendors were not just wheeling boxes of merchandise, food, and beverages through the front entrance of the building, but they were leaving… Continue reading When to Write a “Lawyer’s Letter” Versus When to Serve a Notice to Cure Default Under Lease; Or When to Order a Donut Versus When to Order a Danish

Owner Runs into a Series 1 Problem When it came Time to Evict a Long-Time Bar Tenant So the Building Could Be Sold; and Commercial Tenant Rips Store Front Off During Eviction

March 23, 2018 Obviously, I couldn’t decide which blog post title to go with above – so I went with both. The first one is the more boring of the two, but not if you are a reader who owns real estate in New York in a Series 1 company. The second title is more… Continue reading Owner Runs into a Series 1 Problem When it came Time to Evict a Long-Time Bar Tenant So the Building Could Be Sold; and Commercial Tenant Rips Store Front Off During Eviction

Preferential Rent Registered with DHCR Accidentally Too Low – MICHELLE’S MONDAY MANDAMUS!

March 13, 2018 March 11, 2018: 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”. I answer landlord and tenant questions. My goal is to post in the blog all of the questions I get from LandlordsNY members… Continue reading

“New Perimeter Deregulation” from Rent Stabilization

April 12, 2018 A big part of my consulting practice involves conducting Rent Stabilization Due Diligence for Multi-Family Buildings and doing Rent Stabilization Coverage Analysis for Tenants. Therefore, I am often tasked with answering the question – Is this apartment subject to Rent Stabilization? Ninety percent of the time, the answer (in my practice anyway)… Continue reading “New Perimeter Deregulation” from Rent Stabilization

Structuring a Tenant Buyout – MICHELLE’S MONDAY MANDAMUS!

February 20, 2018 February 19, 2018: 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”. I answer landlord and tenant questions. My goal is to post in the blog all of the questions I get from LandlordsNY members… Continue reading

A Tale of an Illegally Deregulated Apartment and the Elephant in the Room

January 25, 2018 In this chronicle, I represent a residential tenant[1]. I’ve been thinking for a while about how to present this story. The truth is, it’s a very routine and boring story. A tenant needed repairs. He was having trouble scheduling the repairs with the landlord. The landlord sent my tenant-client a scary letter,… Continue reading A Tale of an Illegally Deregulated Apartment and the Elephant in the Room

Defeating a Motion for Legal Fees; Sometimes a Cigar is Just a Cigar

December 26, 2017 In this saga I represent an owner of a multifamily building[1]. The tenant in this story has decided that her apartment should be the subject of a million dollar buyout. It doesn’t matter that the building is filled with other tenants and that the owner’s plans for redevelopment are years away from… Continue reading Defeating a Motion for Legal Fees; Sometimes a Cigar is Just a Cigar

Co-Living – What it is. What it isn’t. How it’s good for tenants. How it’s good for landlords. And what its limits are.

December 20, 2017 On December 13, 2017, Michelle Itkowitz presented to the LandlordsNY 2017 Winter Property Management Symposium at New World Stages. Michelle's topic this time was, "Co-Living Defined and Dissected - What it is. What it isn’t. How it’s good for tenants. How it’s good for landlords. And what its limits are." Here is a link to the… Continue reading

The Ever-Evolving Relationship Between Rent Stabilization and Short-Term Subletting (like Airbnb!)

December 8, 2017 On December 1, 2017, Michelle Itkowitz taught a Live Webinar Continuing Legal Education program for Lorman Education Services entitled: "Short-Term Illegal Sublets in NY Multi-Family Buildings". Here are 12 slides from that presentation that examine the ever-evolving relationship between Rent Stabilization and Short-Term Subletting (like Airbnb!). itkowitz.com

When a Historic Townhouse Goes Back to Its Roots

November 30, 2017 We helped an owner of an historic town house recover a building through a package of generous buyouts and tenant relocation assistance, which were mutually-beneficial-to-tenants[1]. The Tenant Association was represented by one of the absolute best tenant-buyout lawyers in the City. The Tenant Association was strong and filled with an eclectic group… Continue reading When a Historic Townhouse Goes Back to Its Roots

The Substantial Rehabilitation Exception to Rent Stabilization Coverage – an Excerpt from Michelle Itkowitz’s Lawline CLE on Landlord and Tenant Litigation in New York

October 18, 2017 On October 17, 2017, Michelle Maratto Itkowitz taught Session 6 of a seven-part continuing legal education program for Lawline on Landlord and Tenant Litigation in New York Session 6 was "Introduction to Rent Stabilization". Rent Stabilization is one of the most misunderstood areas of real property law. In this session we begin by answering the… Continue reading

This is What happens When You Give a Defaulting Tenant a Mountain of Leverage

November 6, 2017 I get substituted in for other landlord’s counsel a lot – I mean no disrespect to other counsel by that statement. The problem is that most firms that represent landlords have a low-price-volume-case-load business model. That actually makes perfect sense for most non-payment cases. But not for all cases. In this cluster-mess… Continue reading This is What happens When You Give a Defaulting Tenant a Mountain of Leverage