Termination of New York Commercial Leases based on Violation of New York Law

New York landlords, often, have it tough in New York.  A recent NY court holding leads credence to the understanding that even a single violation of a New York law related to the illegal use of a New York leased property can lead to the the ability of the NY landlord to immediately void the NY lease. New York Real Property Law Eviction for Illegal Use of Property New York Real Property Law Sec. 231(1) allows for a NY landlord to immediately evict a NY tenant for using the leased property, in New York, for the illegal trade, manufacture, or other illegal use.  We suggest, also, having a clause in your New York commercial lease agreement noting that you have the right to evict in order to provide additional credence to this landlord option and, also, to give specific notice to the tenant of this right of the landlord. Application of

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New York Special Use Doctrine Leads to Special Responsibilities for NY Landlords

Here is some important information for landlords to remember – with special uses come special responsibilities! Last year, a firm attorney in New York argued a matter where our client tripped and fell on a broken concrete pedestrian ramp in front of a two-story mixed-use building, leaving her with a broken ankle. When the building owner and the tenant moved for summary judgment, I opposed it by citing the “special use” doctrine, and won our client a mid-six figure settlement. If you own a commercial or mixed use property, you should know that people making personal injury claims against you have the burden to show that you caused, created or had “actual or constructive notice” of the condition which caused the injury.  But most owners don’t realize that there is a third category for special circumstances that is a “special” exception for curb cuts and ramps that provide access from

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NYC Landlords Sue To Overturn Second Year Of Imposed Rent Stabilization Freeze

New York City landlords want the courts to intervene on the rent freeze on rent stabilized units that takes effect for second straight year.  According to the Courthouse News Service, four landlords, Benson Realty LLC, Danielle Realty LLC, Milagros Huertas and Marilyn Percy, and the Rent Stabilization Association, a trade group that represents 25,00 landlords across New York City, filed a petition in Manhattan Supreme Court seeking to overturn an order adopted by the New York City Rent Guidelines Board that freezes rent increases at 0 percent for one-year leases and 2 percent for two-year leases. This is the second year in a row that the freeze has been ordered. The petition claims that the Order in question is “arbitrary and capricious,” as well as “constitutionally dubious” and asks the Court to annul the Order in question, declaring it unconstitutional under the 5th and 14th Amendments, alleging violations of the

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Reasons for a New York Landlord to Hire an Real Estate Attorney

If you are a New York landlord that owns or manages one or a few rental properties, then you are unlikely to have a New York lawyer on retainer. To save costs and avoid frustration, landlords should recognize that when these five situations arise, it is time to hire a real estate attorney in New York.  We see too many issues and the issues, normally, fall into one of the following: Evicting a Tenant in NY In New York, an eviction lawsuit is a summary proceeding that takes much less time than other New York civil matters.  But, in exchange for the expedited treatment of cases, landlords must follow detailed court rules to the letter. These rules range from serving proper and timely notice on the tenant to filing the right papers in court with the appropriate legal arguments.  Additionally, landlords should know at the outset that New York Landlord-Tenant

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New York Commercial Lease Basics: Negotiate a Good Guy Clause For Your New York Start-Up

New York start-up businesses can negotiate a Good Guy Clause into their NY commercial leases to gain flexibility in terminating leases should things go upside down. A New York Good Guy Clause is commonly used in New York City as a personal guaranty within a commercial lease.  In exchange for a guarantee from the tenant or an affiliate of the tenant to fulfill all obligations under the lease, the commercial NY landlord agrees to allow the New York tenant to terminate the lease early so long as all rent has been paid in full and the tenant gives sufficient notice.  The premises must be delivered “broom-clean” with all possessions and trash removed. Good Guy Clauses in New York may protect both the commercial landlord and tenant.  These clauses protect commercial landlords in New York City because these clauses avoid landlord-tenant litigation and, if there is a party other than the

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New York City Considering Subsidizing Legal Counsel For Low-Income Persons In Housing Court

The line for the Housing Court Clerk in Brooklyn Courtesy:  New York Law Journal The New York City Council is considering legislation that would make New York City the first jurisdiction in the nation that would confer the right to counsel in housing court for low-income persons. The bill would guarantee civil legal counsel for low-income tenants in an eviction or foreclosure proceeding, so long as they meet the eligibility cut-off on gross income set at 200% of the federal poverty line (or about $48,600 for a family of four). A lawyer would be appointed by a “civil justice coordinator” from a list of pre-approved legal organizations. The City of New York would then foot the bill for the legal work. New York City is considering the measure in response to a report published in June by the newly created Office of Civil Justice that found that more than 70

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NY Commercial Lease Agreements Basics: New York Lease Agreements

When negotiating your commercial lease in New York, it is important that you know these type of New York leases that may be offered to your New York business.  Leases in New York are not take it or leave it.  We work with tenants and landlords and negotiations are possible. The following are the typical leases offered to New York businesses.  Other variations are, also, possible. Lease Types in New York Single Net Leases in New York In a Single Net Lease (Net Lease), the tenant generally pays utilities and property taxes in addition to the base rent. The landlord usually pays for maintenance, repairs and insurance. New York Double Net Lease (Net-Net Lease) The tenant pays for utilities, property taxes and insurance premiums for the building in addition to the base rent. The landlord, usually, pays for maintenance and repairs. New York Triple Net Lease (Net-Net-Net Lease) The tenant

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What Brexit Means For The New York Real Estate Market

With the shocking news breaking that the United Kingdom has voted to leave the European Union, many New York businesses who transact business internationally, or who cater to an international clientele here at home are left to wonder what Brexit means for them.  For the real estate market, the effects are probably the easiest to sort out. We have had many real estate and corporate clients contact us requesting advice on the effect the U.K. leaving the E.U. will have on their business in New York.  We will be writing about this issue over the next couple of weeks here and, also, on our sister blog at: The Korean Law Blog.  First, don’t expect an interest rate increase this summer because the volatility created by this unexpected news means that the Federal Reserve will want to keep rates as consistent as possible.  So if your New York business has interest

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New York May Make Airbnb Short-Term Rentals Illegal: New York Rental Law Updates

New York may pass legislation by the end of the week making it illegal for New Yorkers to list short-term rentals on Airbnb. In a rare show of bipartisan support, a bill to ban Airbnb-style posts for short-term sublets could get floor votes on the floors of the New York State Assembly and New York State Senate this week.  If the Anti-AirBnB Law is signed into law, advertising short-term sublets or any use other than permanent residency of these sublets shall be illegal in New York. The legislation seems focused on commercial users of Airbnb who turn their residences into illegal and unregulated hotels. Under these new New York laws, the liability for advertising short-term rentals would shift from building owners to the renters and those who place the advertisements on sites like Airbnb, with penalties ranging from $1,000 for a first offense to $7,500 for third and subsequent violations.

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