Winter 2023-24 | Volume 69

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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Fall 2023 | Volume 68

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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Summer 2023 | Volume 67

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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Spring 2023 | Volume 66

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

View this issue

Winter 2023 | Volume 65

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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Autumn 2022 | Volume 64

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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Summer 2022 | Volume 63

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

View this issue

Spring 2022 | Volume 62

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

View this issue

Winter 2022 | Volume 61

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

View this issue

Fall 2021 | Volume 60

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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Summer 2021 | Volume 59

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

View this issue

Spring 2021 | Volume 58

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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Winter 2021 | Volume 57

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

View this issue

Fall 2020 | Volume 56

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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Summer 2020 | Volume 55

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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Spring 2020 | Volume 54

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

View this issue

Special COVID-19 Edition

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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Winter 2020 | Volume 53

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

View this issue

Fall 2019 | Volume 52

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

View this issue

Summer 2019 | Volume 51

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

View this issue

Spring 2019 | Volume 50

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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March 2019 | Volume 49

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

View this issue

January 2019 | Volume 48

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

View this issue

November 2018 | Volume 47

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

View this issue

September 2018 | Volume 46

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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July 2018 | Volume 45

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

View this issue

May 2018 | Volume 44

  • 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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March 2018 | Volume 43

  • 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

View this issue

January 2018 | Volume 42

  • 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

View this issue

November 2017 | Volume 41

  • 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

View this issue

September 2017 | Volume 40

  • 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

View this issue

July 2017 | Volume 39

  • 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

View this issue

May 2017 | Volume 38

  • 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

View this issue

March 2017 | Volume 37

  • 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

View this issue

January 2017 | Volume 36

  • 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

View this issue

November 2016 | Volume 35

  • 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

View this issue

September 2016 | Volume 34

  • 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

https://bbgllp.com/wp-content/uploads/2019/04/bbwg_sep_2016.pdf
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June 2016 | Volume 33

  • 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

View this issue

April 2016 | Volume 32

  • 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

View this issue

February 2016 | Volume 31

  • 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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