August 24, 2017 I brand my firm as a sophisticated landlord and tenant litigation shop. Branding is a good thing. But, the truth is, we do a fair amount of regular ol’ real estate and commercial litigation. Here’s a recent saga for you. Sometimes real estate investments don’t work out as well as planned.(1) Sometimes… Continue reading Itkowitz PLLC Gets Temporary Restraining Order Removed so New Condos Can Close
Author: admin
The Bordello Tenant – MICHELLE’S MONDAY MANDAMUS!
August 8, 2017 August 7, 2017: 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… Continue reading The Bordello Tenant – MICHELLE’S MONDAY MANDAMUS!
Short-Term Renting in the Sharing Economy
July 30, 2017 On July 29, 2017 Michelle Itkowitz presented at NYSBA Real Property Section Summer Meeting on "Short-Term Renting in the Sharing Economy". The materials are up in the booklet section of the site and below is an excerpt from a section where upstate New York's approach to the sharing economy is contrasted with New York City's. The full… Continue reading Short-Term Renting in the Sharing Economy
Itkowitz PLLC Gets Absent Rent Stabilized Tenant Out on Illegal Airbnb Case – But Not Without Having to First Deal with Her Creative Excuse!
June 26, 2017 I represented a multifamily building owner in Brooklyn(1) and I was hired to begin a holdover against a Rent Stabilized tenant who had clearly moved out and was utilizing the apartment as an illegal hotel via the Airbnb platform. There was no camera, however, to demonstrate whether the guests were, “living… Continue reading Itkowitz PLLC Gets Absent Rent Stabilized Tenant Out on Illegal Airbnb Case – But Not Without Having to First Deal with Her Creative Excuse!
Itkowitz PLLC Helps a Building Emerge from AEP, Avoid a 7A Administrator, and Get Back on Track
July 24, 2017 I had a young, out-of-town client come to me after buying her first multifamily property(1). She and her closing attorney did not do Rent Stabilization Due Diligence before the purchase. Therefore, she was surprised to find out that she just bought a building in AEP Program (worst buildings in NYC), on a rent… Continue reading Itkowitz PLLC Helps a Building Emerge from AEP, Avoid a 7A Administrator, and Get Back on Track
Good Guy Guaranties and Lease Renewals, Extensions, and Modifications
June 2, 2017 June 1, 2017 - We have finished our submission for the next edition of the New York State Bar Association Commercial Leasing Manual. Below is an excerpt. VII. LEASE RENEWALS, EXTENSIONS, AND MODIFICATIONS The scenario we examine in this section is the following: landlord, tenant, and guarantor have already entered into a lease and… Continue reading Good Guy Guaranties and Lease Renewals, Extensions, and Modifications
Itkowitz PLLC Helped Retailer Exit from Unprofitable Operation Without Triggering Oppressive Effects in Good Guy Guarantee
May 29, 2017 Itkowitz PLLC helped a prominent clothing retailer(1) exit from an unprofitable retail operation without triggering oppressive effects contained in the applicable good guy guarantee. Notwithstanding that the Tenant paid one year’s advance rent as required by the lease as a condition of the exit, the Landlord was still threatening the tenant and… Continue reading Itkowitz PLLC Helped Retailer Exit from Unprofitable Operation Without Triggering Oppressive Effects in Good Guy Guarantee
Itkowitz PLLC Gets Nonprimary Residence Tenant Out
May 18, 2017 I got a non-primary residence tenant out in Queens(1). My client bought the building and the seller said this tenant was gone. My client observed the apartment and it seemed that the tenant was, indeed, gone. We installed a camera; no activity. No one was there. Then we served the Golub notice.… Continue reading Itkowitz PLLC Gets Nonprimary Residence Tenant Out
Why Landlords Lose in Housing Court
May 4, 2017 On May 3, 2017, Michelle Itkowitz gave a talk at the LandlordsNY Symposium at New World Stages entitled "Why Landlords Lose in Housing Court". This was a good one! Long excepts from the material are below. But you really need to click through to the pdf of the materials… Continue reading Why Landlords Lose in Housing Court
Cameras in Landlord and Tenant Cases – Michelle’s L&T CLE for Lorman
April 26, 2017 On April 25, 2017, Michelle Itkowitz taught a continuing legal education class for Lorman Education Services entitled, "Fundamentals of New York Landlord and Tenant Law". Michelle loves working with Lorman, she taught her first CLE ever for then, almost 20 years ago, back when you had to do CLE live at the Javits… Continue reading Cameras in Landlord and Tenant Cases – Michelle’s L&T CLE for Lorman
Tenant Wants Reimbursement for Property Damage After Flood – MICHELLE’S MONDAY MANDAMUS!
April 4, 2017 April 3, 2017: 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… Continue reading Tenant Wants Reimbursement for Property Damage After Flood – MICHELLE’S MONDAY MANDAMUS!
Itkowitz PLLC Helps Landlord Ensconced in Bad Housing Court Case (Brought By Other Landlord Counsel) Extricate Gracefully
March 27, 2017 I represented a young, multifamily-building-owner in Queens(1) and I was hired to rescue the landlord after another firm had put him into suit on a holdover against a tenant that turned out to be Rent Stabilized, drawing some massive fire from Legal Aid. Actually, a big part of my practice is what… Continue reading Itkowitz PLLC Helps Landlord Ensconced in Bad Housing Court Case (Brought By Other Landlord Counsel) Extricate Gracefully