Author: michelle

No Detrimental Reliance When There is a Merger Clause – Winning a Commercial Lease Guaranty Case on Appeal

September 3, 2024   I take pride in the fact that I am NOT at the Appellate Division every five minutes like some of my colleagues. The modern legal customer is paying for solutions to problems, not for protracted litigation. Nevertheless, sometimes you need to take something up to an appellate court to effectuate justice… Continue reading No Detrimental Reliance When There is a Merger Clause – Winning a Commercial Lease Guaranty Case on Appeal

When Brokers and Sellers Lie to You About the Substantial Rehabilitation Exception to Rent Stabilization – Rent Stabilization Due Diligence for Multifamily Buildings

August 15, 2024   A big part of my practice includes conducting Rent Stabilization Due Diligences for Multifamily Buildings. If I had one thin dime for every time a prospective purchaser told me that the seller or broker assured the prospective purchaser that a building was exempt from Rent Stabilization based on the Substantial Rehabilitation… Continue reading When Brokers and Sellers Lie to You About the Substantial Rehabilitation Exception to Rent Stabilization – Rent Stabilization Due Diligence for Multifamily Buildings

Bringing a Landlord-Tenant Case to a Satisfying Conclusion – Michelle Itkowitz Lawline Presentation (Excerpt – Making the Eviction Day Happen or Preventing the Eviction Day From Happening)

June 25, 2024 On April 19, 2024, Michelle Itkowitz taught a certified continuing legal education class for Lawline, entitled "Bringing a Landlord-Tenant Case to a Satisfying Conclusion". Below is an excerpt from the 45-page materials that accompany the program. First, here are the great reviews the program has garnered so far: "Michelle is a great… Continue reading Bringing a Landlord-Tenant Case to a Satisfying Conclusion – Michelle Itkowitz Lawline Presentation (Excerpt – Making the Eviction Day Happen or Preventing the Eviction Day From Happening)

Landlord-Tenant Litigation in the Courtroom – Michelle Itkowitz Lawline Presentation (Excerpt – Discovery)

May 20, 2024 On February 20, 2024, Michelle Itkowitz taught a certified continuing legal education class for Lawline, entitled "Landlord-Tenant Litigation in the Courtroom". Below is an excerpt from the 39-page materials that accompany the program. The program has so far received 172 reviews, with an average of 4.9 out of 5 stars. First, here… Continue reading Landlord-Tenant Litigation in the Courtroom – Michelle Itkowitz Lawline Presentation (Excerpt – Discovery)

Getting a Landlord-Tenant Case Started / Predicate Notices – Michelle Itkowitz Lawline Presentation (Excerpt – Who is the Owner?)

April 10, 2024 On January 19, 2024, Michelle Itkowitz taught a certified continuing legal education program for Lawline, entitled "Getting a Landlord-Tenant Case Started / Predicate Notices". Below is an excerpt from the 50-page materials that accompany the program. The program has received 253 ratings with an average score of 4.9 out of 5 stars.… Continue reading Getting a Landlord-Tenant Case Started / Predicate Notices – Michelle Itkowitz Lawline Presentation (Excerpt – Who is the Owner?)

The “F” Word – the NYS Legislature Takes a Stab at Defining “Fraud” in the Rent Stabilization Context, But in So Doing, Raises More Questions Than It Provides Answers

UPDATE: March 21, 2024 The aforementioned bill was signed into law on March 1, 2024. I am going to keep the original December 2023 article up online (directly below), however, because the contrast between the original law and the chapter amendment might be useful in future litigations. In any event, let us look at where… Continue reading The “F” Word – the NYS Legislature Takes a Stab at Defining “Fraud” in the Rent Stabilization Context, But in So Doing, Raises More Questions Than It Provides Answers

Anatomy of a Hairy Apartment Settlement Agreement

February 25, 2024   At this stage in my career journey and at my price-point, I typically do not get hired by landlords of Rent Stabilized buildings unless it is for consulting, development, or for a very hairy apartment or building situation. This story is about a very very hairy apartment situation.   To start… Continue reading Anatomy of a Hairy Apartment Settlement Agreement

When Representing Commercial Tenants, it Pays to Do the Heavy Lifting

January 31, 2024   In today’s story, I will tell you about a time in the not-so-distant past when I represented a commercial tenant in Manhattan, a yoga studio, which had fallen on hard times during the Pandemic, and just wanted out of its lease.* The building that the yoga studio was in was self-managed… Continue reading When Representing Commercial Tenants, it Pays to Do the Heavy Lifting

Recovery of Use and Occupancy in Summary Proceedings

December 21, 2023 I am incredibly proud to be co-authors with the Hon. Gerald Lebovitz and Damon P. Howard, Esq. of the New York State Bar Association’s 2024 edition of the 436-page, 2,268-footnote “New York Residential Landlord-Tenant Law and Procedure” treatise. Here is a link to the table of contents. The e-book is available now… Continue reading Recovery of Use and Occupancy in Summary Proceedings

When tenant-lawyers pull the trigger on litigation too quickly they can derail their client’s housing goals.

October 28, 2023 According to the New York City Rent Guidelines Board 2023 Housing Supply Report, there are approximately an equal number of free-market (1,023,000) and Rent Stabilized (1,006,000) rental apartments in New York City. The hard part sometimes is knowing in which category an apartment is properly placed. This is so because there are… Continue reading When tenant-lawyers pull the trigger on litigation too quickly they can derail their client’s housing goals.

Enforcement of (and Defense Against) Good Guy Guaranties: Raising Tenant Defenses in a Guarantor Action

Updated September 7, 2023 (originally published March 10, 2023) On March 9, 2023, Michelle Itkowitz taught an accredited continuing legal education class for Lawline, entitled, “Enforcement of (and Defense Against) Good Guy Guaranties”. The program has received rave reviews (4.9 out of 5 stars, with 467 lawyers rating the program as of September 7, 2023!)… Continue reading Enforcement of (and Defense Against) Good Guy Guaranties: Raising Tenant Defenses in a Guarantor Action