Author: michelle

Big Firms Do Not Always Bring Big Results to Landlord-Tenant Litigations

June 14, 2026   I was hired by an important non-profit organization to defend it against a major New York City landlord that was gunning to evict the nonprofit. Let us begin the story with a few caveats. First, it was one of these stories where the culprit, at least one of them, had been… Continue reading Big Firms Do Not Always Bring Big Results to Landlord-Tenant Litigations

Save Text Messages – Proving in Court How Long an Apartment Has Needed Repairs

May 24, 2026   This post is a companion article to my podcast, which, at the time of publication of the episode was called Tenant Law Podcast, but which is now called Learn to Live Better, a Housing Law Podcast. Listen on Apple, Spotify, Youtube, or wherever you get your podcasts.   Today’s case is… Continue reading Save Text Messages – Proving in Court How Long an Apartment Has Needed Repairs

Defenses to Landlord Utilizing an Acceleration of Rent Clause in Commercial Lease Eviction Proceedings

May 3, 2026   I was honored to be asked to write a practice note for Lexis, entitled Common Tenant Defenses in Commercial Lease Eviction Proceedings. Below I will include one section of the article.   Defenses to Landlord Utilizing an Acceleration of Rent Clause   Rent Acceleration Clauses Generally   Normally a landlord will… Continue reading Defenses to Landlord Utilizing an Acceleration of Rent Clause in Commercial Lease Eviction Proceedings

The Role of Individual Apartment Improvements in Rent Stabilization Deregulation

April 12, 2026   This is an excerpt from a 20-unit building Rent Regulatory Due Diligence that I conducted. One of the main functions of a Rent Regulatory Due Diligence is to test, before a purchaser closes on the acquisition of a multifamily building, whether the apartments that the seller alleges are NOT subject to… Continue reading The Role of Individual Apartment Improvements in Rent Stabilization Deregulation

Game Changing Loft Law Decision

March 22, 2026   The Loft Law in New York is complicated, and unlike housing laws in other places. The Rent Stabilization Law in New York is complicated, and unlike housing laws in other places. This story lives at the very complicated and misunderstood intersection of the Loft Law and the Rent Stabilization Law.  … Continue reading Game Changing Loft Law Decision

What can you do about the hazards caused by warehoused (vacant) apartments in your building? NYC Local Law 1 of 2024!

March 1, 2026   This post is a companion article to my podcast, which, at the time of publication of the episode was called Tenant Law Podcast, but which is now called Learn to Live Better, a Housing Law Podcast. Listen on Apple, Spotify, Youtube, or wherever you get your podcasts.   Today’s focus is… Continue reading What can you do about the hazards caused by warehoused (vacant) apartments in your building? NYC Local Law 1 of 2024!

Recovering a Parking Spot; The Effect on Evictions of Not Having a Written Lease

February 8, 2026   I was hired by a landlord in Queens to evict a commercial van owner from an off-street parking space. This is the type of case that, if it ends up in court, can take a long time and cost a lot of money. Why? Well, for one thing, there was no… Continue reading Recovering a Parking Spot; The Effect on Evictions of Not Having a Written Lease

Roaches (or other infestations) can constitute an immediately hazardous housing violation and result in a suspension of all or part of the rent obligation.

January 11, 2026   This post is a companion article to my podcast, which, at the time of publication of the episode was called Tenant Law Podcast, but which is now called Learn to Live Better, a Housing Law Podcast. Listen on Apple, Spotify, Youtube, or wherever you get your podcasts.   Today’s case is… Continue reading Roaches (or other infestations) can constitute an immediately hazardous housing violation and result in a suspension of all or part of the rent obligation.

Does the duty of a subtenant to attorn to an owner in the event of the termination of a lease cut against a subordination clause?

December 14, 2025 A ground lease is a very long-term lease (often 50 to 99 years), where the tenant seems more like an owner. The tenant in a ground lease can get a mortgage on a ground lease interest. The tenant in a ground lease runs all aspects of the building. The benefit of a… Continue reading Does the duty of a subtenant to attorn to an owner in the event of the termination of a lease cut against a subordination clause?

Buying a Tenant Time and Reading Statutes Plainly

November 9, 2025 I represented a residential tenant, a widowed parent of two school-aged children. The tenancy was not Rent Stabilized or subject to the Good Cause Eviction Law. My client needed to buy time in the premises, without breaking the bank on legal fees, so that the my client could buy a home. In… Continue reading Buying a Tenant Time and Reading Statutes Plainly

Can a commercial tenant refuse to pay rent if the tenant’s intended use of the premises is not in conformity with a building’s certificate of occupancy?

October 12, 2025   In 2025, I was still dealing with clients, both landlords and tenants, grappling with commercial rent arrearages left over from the Pandemic. This is a story of one such matter.   I was representing a commercial tenant, a prominent professional practice in Manhattan. For some crazy reason, even though this company… Continue reading Can a commercial tenant refuse to pay rent if the tenant’s intended use of the premises is not in conformity with a building’s certificate of occupancy?

The Good Cause Eviction Law Notice Requirements

September 10, 2025   On January 9, 2025, Michelle Itkowitz taught a continuing legal education class for Lawline entitled “The New Good Cause Eviction Law in New York”. On September 1, 2025, Michelle updated the materials for that class. Below is an excerpt from the materials.     Which Legal Documents are Required to Include… Continue reading The Good Cause Eviction Law Notice Requirements