The BBG Update

Inside this real estate quarterly newsletter:

• New Mandatory Reporting Requirement for All-Cash Residential Transactions
• Cool Runnings: New Bill Would Impose Fines on Landlords Who Fail to Keep Their Tenants Cool
• Spooked by the Deal: Navigating the Mandatory Disclosure Requirements of the Property Condition Disclosure Act in the Context of Haunted Houses
• Real Estate Contract Defaults: The Double-Edged Sword of Enforcement and Risk
• The Curious Case of Common-Law Ejectment and Its Application to Monthly Tenancies
• Important Rent Regulation Issues Pending Before the Court of Appeals
• BBG Continues to Expand and Welcomes New Hires
• Popular Social Media Posts
• Recent Transactions of Note
• BBG In The News
• Co-op/Condo Corner

Inside this real estate quarterly newsletter:

• Good Cause Eviction
• The Next Generation of NYC Tax Incentives
• From Beyond the Grave
• Celebrating Robert Holland
• Recap of Our Succesful Good Cause Eviction Seminars
• Owner Defeats Rent-Controlled Tenant’s “Excusable Absence” Defense Premised on COVID-19 Pandemic
• Challenge to Decades-Old Deregulation of Former Rent-Controlled Apartment is Upheld by Court of Appeals
• The Requirement of “Commercial Reasonableness” in Foreclosing on Co-op Shares
• An Opportunity to Increase Rents and Recoup Capital Costs – Budget Bill Amends IAI Rent Increase Rules
• BBG Proudly Supports Community Initiatives
• BBG Continues to Expand and Welcomes New Hires
• Recent Transactions of Note
• BBG In The News
• Co-op/Condo Corner

Inside this real estate quarterly newsletter:

• Piercing the Corporate Veil and Voiding Fraudulent Conveyances in Commercial Lease Litigation and Judgment Enforcement
• A Buyer of Real Property Loses Specific Performance Claim
• The ‘Totality of the Circumstances’ Surrounding the New Statutory Definition of a Fraudulent Deregulation Scheme
• $500 Monthly Fine per Unit Enacted for Missing DHCR Registrations
• Recent Transactions of Note
• BBG In The News
• Co-op/Condo Corner
• BBG Continues to Expand and Welcomes New Hires
• Crain’s New York Business: People on the Move
• 35 Years of Dedicated Service to the Real Estate Industry
• Popular Social Media Posts

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Inside this real estate quarterly newsletter:

• Is That Lease Really NNN?
• Questions of Fact Preclude Summary Judgment
• Zoning Lot Mergers & Transferable Development Rights
• Quick Compliance Check
• Section 8
• LLC’s Members + Creditors
• DHCR’s New “First Rent” Doctrine
• New York’s “Prompt Payment Act” Amended
• BBG New Hires
• BBG Anniversaries and 2024 Partner Promotions
• Awards and Accolades, Philanthropy, and BBG In the News
• Popular Social Media Posts
• Recent Transactions of Note
• Co-op/Condo Corner

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Inside this real estate quarterly newsletter:

• An End to Anonymity in LLC Ownership?
• Grounded
• Zoning Lot Mergers & Transferable Development Rights
• The New J-51 Does Little to Incentivize Affordable Housing Development
• First Department Rules Once Again That Fraud in the Rent Regulatory Context Requires More Than Just a Jump in Rent or Registration Failures
• Avoiding Gaps in Additional Insurance Coverage in Construction License Agreements
• Uptick in TPU Audits – Be Prepared
• Acceptance of ERAP Funds and the Creation of a Lease
• New Flood History Disclosure Law Impacts Co-Ops, Condo Owners, and Rental Buildings
• BBG Welcomes New Hires
• BBG Anniversaries
• Awards & Accolades
• Popular Social Media Posts
• Recent Transactions of Note
• BBG in the News
• Co-op/Condo Corner

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Inside this real estate quarterly newsletter:

• Time is of the Essence
• BBG Welcomes Summer Associates
• Committees and Appointments
• BBG Anniversaries
• Running the Extra Mile for our Clients
• Chambers Ranked BBG as a Leading NY Real Estate Law Firm
• Congratulations to Kara I. Rakowski
• Popular Social Media Post
• Emergency Access to Fix Apartment Conditions
• Court Limits Lifespan of the Residential Lease Guaranty
• Recent Appellate Decisions of Note
• New Lease Flood Notice Requirement
• Recent Transactions of Note
• BBG in the News
• Co-op/Condo Corner

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Inside this real estate quarterly newsletter:

• Governor’s New Proposal Addresses Both Affordable Housing and Office Space Vacancies
• Dramatic Changes to Notarization Law
• Where Does New York City Commercial Real Estate Stand Three Years After the COVID-19 Pandemic?
• Case Decision Bulletin: Court of Appeals Rules in J-51 Deregulation Case: No Default Formula in Casey v. Whitehouse Estates
• Maximizing Your Leverage as a Buyer: How Equitable Vendee’s Lien and Notice of Pendency Protect Real Estate Purchasers
• Appellate Update: CPLR 5704 – A Tool to Obtain Appellate Relief Without Filing an Appeal
• Recent Transactions of Note
• Recent Notable Matters Handled by our Land Use/Zoning Team
• BBG In The News
• BBG’s Popular Social Media Posts
• Co-Op | Condo Corner
• BBG Welcomes New Hires

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Inside this real estate quarterly newsletter:

• Death Knell for AirBnB in NYC Apartments?: Co-ops, condos and rental owners can now block transient rentals in their buildings
• New Laws Target E-Bikes and Other Lithium-Ion Battery-Powered Devices
• Appellate Update: Divided Appellate Division Rejects Challenge to Deregulated Status of Apartment and Dismisses Complaint
• Locked Out: When Restoring an Occupant to Possession is Futile
• Criminal Backgrounds No Longer Check-Able?
• BBG in the News
• BBG Welcomes New Hires
• Recent Transactions of Note
• Recent Notable Matters Handled by our Land Use/Zoning Team
• BBG’s Popular Social Media Posts
• Co-Op | Condo Corner

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Inside this Issue:

• Cold Comfort: Ice Cream Store Lease Guarantor Not Shielded From Liability Under NYC’s Guaranty Law
• Meet Our Super Lawyers and Rising Stars
• In The Zone, Part II: SoHo/NoHo Rezoning Update: New Protection for Existing Tenants.
• Appellate Update: Co-op Shareholders with Recurring Leaks Can’t Withhold Maintenance
• Last Rights: Could This Be Your Final Chance at a First Rent for Newly Created Units?
• Notices for Elevator Outages
• BBG in the News
• BBG Welcomes New Hires
• Recent Transactions of Note
• Recent Notable Matters Handled by our Land Use/Zoning Team
• BBG’s Popular Social Media Posts
• Co-Op | Condo Corner

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Inside this Issue:

• Federal Court Awards Fifth Avenue Landlord Multi-Million Dollar Judgment for Rent Arrears
• BBG Continues to Expand and Welcomes New Hires
• Retroactive Application of the HSTPA
• Security Deposit Regulations for Non-Regulated Tenants That Are Often Overlooked by Agents and Owners
• Rent Overcharges: What Statute of Limitations Applies?
• The Loft Board’s Favorite Time of Year
• Leasing and Rent Registration Requirements for ERAP Recipients
• A Buyer’s Nightmare – Acquiring a Building Without Performing a Due Diligence Review
• Appellate Update
• BBG in the News
• Recent Transactions of Note
• Recent Notable Matters Handled by our Land Use/Zoning Team
• Co-Op | Condo Corner

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Inside this Issue:

• In The Zone: SoHo/NoHo Zoning Reform Becomes Reality
• The New Prevailing Wage Law and Co-ops and Condos
• Entitlement To Legal Fees From A Residential Tenant: Billing A Tenant For Legal Fees Is Prohibited Without A Court Order
• Court of Appeals Restores Faith in the Loft Law
• Why You Should Never Ignore a DHCR Rent Reduction Order
• BBG in the News
• Recent Transactions of Note
• Co-Op | Condo Corner

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Inside this Issue:

• Virtual is a Reality for Co-ops
• Attorney Promotions
• Stronger Than Ever
• A Commercial Lease Dispute: Something Doesn’t Sound Right
• The Loft Board – Where Extension Applications Go to Die
• Recent Cases of Note at the Appellate Term, First Department
• Recent Covid-era Successes at OATH Hearings Division
• Defeating a Claim for Legal Fees by a Successor Tenant In a Rent Stabilized Apartment
• NYC Extends and Expands HPD’s Pilot Program
• BBG in the News
• Co-Op | Condo Corner

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Inside this Issue:

• BBG Mourns Death of Founding Partner, Joseph Burden
• Illegal Use, Ancillary Services, and How to Avoid a Rent Freeze
• Foreseeable Changes to Substantial Rehabilitation Laws
• BBG in the News
• Super Lawyers Feature
• Co-Op | Condo Corner

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Inside this Issue:

• Partner Lisa M. Gallaudet, Lead Loft Law Counsel at Belkin Burden Goldman LLP, Passes Away After Battle with Leukemia
• The Covid-19 Emergency Rental Assistance Program (“ERAP”)
• Navigating the Rent Freeze and Collection of Other Charges During the Covid-19 ERAP Period
• Court Affirms Dismissal of Class Action Lawsuit Alleging Per Se Fraud for Erroneous Deregulation Post-Roberts
• BBG in the News
• Co-Op | Condo Corner

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Inside this Issue:

• In A Boon For Commercial Landlords, Recent Court Decisions Reject Tenant Covid-19 Related Defenses
• Constitutional Challenge to the Rent Stabilization Law
• Current Challenges Facing Commercial Landlords After One Year of the Covid-19 Pandemic
• Better Read Than Lead
• Regulated Reconfiguration – How to Charge a First Rent
• New State Law Requires Disclosure of Disability Accommodation Rights— and, Yes, it’s Applicable to Co-ops and Leased Condo Units
• Court Affirms Rights of Co-op Holders of Unsold Shares But Unwittingly Opens Pandora’s Box
• BBG in the News
• Co-Op | Condo Corner

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Inside this Issue:

• Court Dismisses Constitutional Challenge to City Covid-Based Laws, but Holds That Service of Routine Rent Demands Does Not Constitute Harassment
• Court Limits Shareholder’s Demands to Inspect Co-op Books and Records
• With Virtual Trials Becoming the Norm, Parties Are Being Pushed to Proceed in Virtual Courtrooms
• The Pandemic and Owner Remedies Other Than Eviction to Collect Payments Due from Tenants
• Return of a Tenant’s Security Deposit Under the HSTPA
• What to Consider When Deciding if Conversion of Stoves from Gas to Electric (or Vice Versa) is Right for your Rent Stabilized Building
• BBG in the News
• BBG Super Lawyers 2020
• Co-Op | Condo Corner

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Inside this Issue:

• CDC Orders Federal Eviction Moratorium Through 2020
• Navigating Discovery Hurdles During A Pandemic
• The Risks of Improperly Documenting Tenant Rent Concessions and Other Incentives
• Commercial Tenant’s Supreme Court Damages Action Against Landlord Dismissed Where Lease Did Not Require Landlord to Obtain Certificate of Occupancy
• DHCR Holds Public Hearing on Proposed MCI Reasonable Cost Schedule and MCI Waiver Applications
• The “Fraud” Exception in Regina—Recent Applications by the First Department Seem to Conflict
• Proposed New City Law Banning Criminal Background Checks for Housing Applicants
• Co-Op | Condo Corner
• BBG in the News

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Inside this Issue:

• Is “Healthy” the New “Amenity”?
• Landlords’ Changed Landscapes
• Feeling Secure—The Application of Security Deposits and Letters of Credit
• Residential Property Owners’ Duty To Mitigate Damages Upon Tenant’s Vacatur
• True Confessions of Judgment: Changes to the CPLR Affect COVID–19 Rent Deferral Agreements
• Rent Deferral Agreements
• The Ghost of ‘Altman’
• New Sign Requirement for POPS
• Decision of Note
• BBG In The News
• Note to Our Readers About the Co-op/Condo Corner

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Inside this Issue:

• Some Animals Are More Equal Than Others: HUD issues updated guidance on reasonable accommodations for animals under the Fair Housing Act
• New Member of the BBG Team
• City Intensifies Rules Governing Façade Inspections
• Proposed “Good Cause Eviction” Law Would be Disaster for Co-ops, Condos and Subletters
• Attorneys’ Fees and Additional Rent: Housing Court Jurisdiction to Award Judgment Under The HSTPA
• Courts Hand Down Justice in Rejecting Home Health Care Aide’s Succession Claim
• Co-Op | Condo Corner
• BBG In The News

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Inside this Issue:

• Message from the Managing Partners
• COVID-19 Rent Deferrals – The Time to Act is Now
• Court and Agency Practices in Response to Coronavirus
• Building Owners, Co-Ops and Condos Should be Eligible for SBA Loans Under CARES Act
• Construction Work Authorized to Proceed – Essential vs. Non-Essential
• Force Majeure Effects on Commercial Leases
• Annual Meetings and COVID-19: The Season of Our Discontent
• Temporary Changes to Appellate Process During the Coronavirus Public Health Emergency

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Inside this Issue:

• New Name, New Year, Same Commitment: A Message from the Co-Managing Partners
• Congratulations
• DOB Now Enforcing Local Law 110
• Developer’s Flexibility Will Yield Great Benefits When Dealing with Adjoining Property Owners
• Prosecution of Nonpayment Proceedings Under the HSTPA
• Saved by the Lease: Commercial Tenant Held Not Constructively Evicted by Common Area Construction Work Since Lease Barred Rent Abatement Claim and Tenant Did Not Abandon Premises
• Administrative Due Diligence—Uncovering the Truth
• Co-Op | Condo Corner
• BBG In The News

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Inside this Issue:

• Lofts Legalization Labyrinth
• The Pro-Active Internal Audit
• New Acris Disclosure Requirements When Selling or Purchasing Residential Real Estate Through a Limited Liability Company
• First Rollback in New Rent Laws’ Applicability to Co-ops and Condos
• New Civil Court Advisory Notice an Unwelcome Aftershock to NYC Landlords
• New Rent Laws Radically Alter MCI Filing Procedure sand Rent Calculations
• What to Know About Collecting and Maintaining Security Deposits in Light of the 2019 Rent Laws
• Sell with Certainty; Avoiding Disputes over “Materiality” of Inaccurate Representations
• New Members of the BBWG Team
• Notices of Termination Should Provide Details of Tenant’s Failure to Cure
• Co-Op | Condo Corner
• BBWG in the News

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Inside this Issue:

• The Death of the Yellowstone Injunction
• The Law of Unintended Consequences
• SoHo/NoHo Zoning Reformation Initiative Launched
• Notices of Termination Should Provide Details of Tenant’s Failure to Cure
• BBWG in the News
• Co-Op | Condo Corner

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Inside this Issue:

• Taxing The Goose That Lays The Golden Eggs
• Roommates: The Rules of The Game
• Court Holds Single Incident of Alleged Arson Serious Enough to Potentially Constitute “Nuisance” Warranting Eviction
• The Tide Turns In Favor of Commercial Landlords in Lease Defaults
• Income-Based Discrimination
• BBWG in the News
• Co-op | Condo Corner

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Inside this Issue:

• Dust to Dust
• Jay B. Solomon: New Partner in BBWG’s Litigation Department
• Individual Apartment Improvements: Always be Prepared to Defend
• BBWG Expands Its Construction and Leasing Practice Groups
• A Tenant’s Right to Cure When Caught Using AirBNB-Type Services
• BBWG in the News
• Transactions of Note
• Co-op | Condo Corner

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Inside this Issue:

• The Hits Just Keep On Coming
• Congratulations
• Celebrating 30 Years With New Beginnings: A Message From the Co-managing Partners
• What an Owner Should Know if its Building is on the NYC Pilot Program List
• BBWG in the News
• Dispelling Misconceptions About Sidewalks: Clarifying a ‘Grey’ area
• Won’t You Please be my Boarder?
• News Flash
• How an Owner’s Rights are Affected When a Tenant Files Bankruptcy
• Co-op | Condo Corner

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Inside this Issue:

• Building Owners, Co-ops and Condos, and Managing Agents Must Comply with New State and City Anti-Sex Harassment Laws
• Tenant Gets Rent Abatement for Scaffolding on Terrace
• MCI Update
• BBWG in the News
• Co-op | Condo Corner

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Inside this Issue:

• City Enacts Mandatory Reporting Requirements for Online Short-Term Rental Platforms
• Notable Transactions
• Notable Cases
• Domestic Violence Issues and Landlord and Tenant Responsibilities
• Notable Achievements
• A Cautionary Tale on One Party’s Reliance on Additional Insurance Coverage
• HPD Requires New Application Forms for Certification of No Harassment and Exemption
• Landlord/Tenant Court Allows Social Media Discovery
• Co-Op | Condo Corner
• BBWG in the News

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Inside this Issue:

• Preventing and Navigating Disability Accessibility Claims and Lawsuits
• FinCEN Continues to Crack Down on the Use of Residential Real Estate Transactions as a Means of Money Laundering
• Beware of “Rent Discount” Provisions in Rent-Stabilized Leases
• Legislative/Regulatory Update
• BBWG in the News
• Transactions of Note
• Co-Op | Condo Corner

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• NYC Commercial Rent Tax Break Taking Effect July 1, 2018
• Appellate Court Rules That Commercial Tenant May Waive Its Right to Seek Yellowstone Injunction
• Does a Tenant’s Smoking of Certified Medical Marijuana in an Apartment Constitute a Violation of a Lease’s “No Smoking” Clause?
• Rights and Obligations of a Building Owner Regarding Modification of a Building’s Intercom System
• BBWG In the News
• Transactions of Note
• Co-Op | Condo Corner

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• In Victory for BBWG Client, Appellate Court Holds Luxury Deregulation Application in 421-G Buildings
• Appellate Court Upholds Ruling in Favor of Condo Board Client of BBWG
• Executors Beware: Preparing to Sell a Co-op Apartment Owned by an Estate
• New Tenant Protection Plan Notice Requirements
• BBWG in the News
• Transactions of Note
• Co-op | Condo Corner

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• City Council Passes New Anti-Harassment Bills: What Purchasers Of Residential Buildings Should Look For During Due Diligence
• Transactions of Note
• City Council Imposes New Bedbug Disclosure And Filing Requirements On Property Owners
• New Gas Leak Notice Requirement
• Time For Residents To Butt Out
• Is Use Of A Terrace In A Co-op An Amenity Or An Essential Service?
• New Partners
• Co-op | Condo Corner
• BBWG In The News

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• New Bad Laws Of The Month
• BBWG In The News
• BBWG Prevails In Succession Rights Case
• Fincen, A Look Behind The Curtain
• More To DHCR Rent Reduction Orders Than Just Reducing Rent
• Lease Entered Into After Notice Of Pendency Held Voidable
• Co-op | Condo Corner

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• DOB Opens Pandora’s Box On Co-OP/Condo Enclosures
• Treasury Department Amends Rule To Include Wired Funds In Title Company Reporting Requirements For All-Cash Residential Deals
• NYC Council Passes New Tenant Anti-Harassment Bills
• Commercial Subtenant Has No Right To Become Direct Tenant Of Owner After Prime Tenant’s Default And Voluntary Termination Of Lease
• The Keys To Upgrading Your Building’s Entrance: Converting From Traditional To Electronic Entry
• Co-Op | Condo Corder
• BBWG In The News

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• Court Uplholds Luxury Deregulation in “421-G” Buildings, In Victory for BBWG Client
• BBWG In the News
• Drafting Lease Packages for New Buildings
• Considerations When Purchasing a Commercial Property Outside New York
• Co-op | Condo Corner

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• Good Guys Finish Last
• New York Super Lawyers Magazine Names 14 Bbwg Lawyers In The New York Metro Edition For 2017
• When Please Is Not Enough
• BBWG In The News
• Court Decides That Right Of First Refusal Does Not Extend To Month-To-Month Tenancy
• Welcome To The Oath Hearings Division: Ten Things Owners Must Know About Dob And Fdny Summonses
• Courts Require Strict Compliance When Bringing A Holdover Proceeding
• CO-OP | Condo Corner

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• Can Condos Co-Op?
• Changes To New York Foreclosure Laws
• Dealing With Tenants Whose Section 8 Benefits Have Been Terminated
• CO-OP | Condo Corner
• BBWG In The News

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• AirBNB Drops Lawsuit Challenging Penalties For Illegal Short Term Rentals
• Appellate Court Upholds Traditional View Of High Rent Vacancy Deregulation
• Increasing Your Bottom Line — The MCI Tax Abatement Program
• Considerations When Purchasing A Commercial Condominium Unit
• The New Commercial Tenant Anti-Harassment Law
• CO-OP | Condo Corner
• BBWG Speakers
• BBWG In The News

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• The Right To Terminate A Lease Before Its Expiration Date By Elderly Tenants And Tenants In The Military
• Airbnb Update
• Like Kind Exchanges And Holding Title As A Tenant In Common Under A Tic Agreement
• New MCI Application Forms
• BBWG Convinces DHCR To Reverse Its Restrictive Policy Relating To A Building Owner’s Right To An MCI For Installation Of A “Handicap Ramp”
• CO-OP | Condo Corner
• BBWG in the News

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• Evaluating A Request To Harbor An Emotional Support Animal
• New ECB Amnesty Program Takes Effect September 12, 2016
• Commercial Tenant Required To Pay Rent Even When Its Use Of The Premises Is Prohibited By The Certificate Of Occupancy
• Brokers: Do Your Client Relationships Have To Be Monogamous?
• CO-OP | Condo Corner
• Notable Achievements

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• New Hud Guidelines on Criminal Background Checks Could Limit Ability of Landlords, Co-Ops, and Condos to Screen Apartment Applicants
• Requests to Sublet or Assign: How to Respond
• I Guaranty It
• The Dangers of Reliance on a Certificate of Insurance in Seeking Protection as an Addictional Insured
• CO-OP | Condo Corner

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• What to Do About Short Term Rentals
• Ignorance May Be Bliss But It Is No Defense to Transient Occupancy Fines
• Short Term Rental of Rent Stabilized Apartment on AirBnb Held to Be An Incurable Ground for Eviction
• Transient Occupancy From A CO-OP/Condo Perspective

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• DHCR Notice Pertaining to Buildings That Have Received J-51 TAX Benefits
• A Switch in Time Saves Fine – Limiting the Cost of Building and Fire Department Violations
• What Type of Case can a Property Owner Bring Against a Tenant When a lease has Expired and the Tenant Remains in Possession of the Apartment?
• Yellowstone Injunction is not Available to Commercial Tenent Where Breach of Lease is Incurable
• The Heat is on

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