Author: michelle

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

If you wait by the river long enough…$450K Buyout for Tenant with No Litigation

August 31, 2023 I represented a residential tenant who was in an apartment that was being treated as free market. The tenant came to me, not because he suspected he was Rent Stabilized, but because the new owner of the building was doing some illegal Airbnb, which was bothering the tenant and his family. Getting… Continue reading If you wait by the river long enough…$450K Buyout for Tenant with No Litigation

Remedies for Commercial Tenant Monetary Defaults

July 31, 2023 Michelle Itkowitz contributes chapters to the New York State Bar Association's two-volume Commercial Leasing treatise. The Fourth Edition is due out shortly. One of Michelle’s chapters is entitled “Commercial Lease Remedies Analysis”. Below, is an except from that chapter. FAILURE TO PAY RENT OR ADDITIONAL RENT In the event of a monetary… Continue reading Remedies for Commercial Tenant Monetary Defaults

Welcome to the Tenant Law Podcast!

June 30, 2023 Welcome to the Tenant Law Podcast, where we talk about new, interesting, and/or important legal cases affecting New York City tenants. Listen on Apple, Spotify, Google. Michelle Itkowitz is your host. Each episode is about 10 minutes long. First, we give you some background, so you have the context to understand the… Continue reading Welcome to the Tenant Law Podcast!

When a medical office stops paying rent, closes its doors (with equipment and records still in the premises), and fails to communicate, what is a landlord to do?

May 31, 2023 My firm represented a landlord who had rented to a medical office. The lease was guaranteed personally by one of the doctors in the tenant-medical-practice. During the Pandemic, the medical office stopped operating, it went completely dark. The manager of the building in which the premises was located could see through the… Continue reading When a medical office stops paying rent, closes its doors (with equipment and records still in the premises), and fails to communicate, what is a landlord to do?