DCA Ruled Wrong on Posting Tenants’ Rights Sign

The Department of Consumer affairs charged a real estate broker with failing to post a sign alerting tenants of their rights. Arash Real Estate & Management Co is a residential and real estate broker located in Queens. In January 2013 the Department of Consumer Affairs charged Arash with violating the City Administrative Code by failing to post signs advising tenants of their rights to one free tenant screening report annually from each consumer reporting … <Read More>


HRA Clients Get Rent Protection

Landlord attempted to evict three HRA clients residing in single-room-occupancy facility. In 2013 the owners of a single-room-occupancy facility at 25 West 24th Street, Manhattan, entered into a memorandum of understanding with the Human Resources Administration to set aside 30 units for clients referred by the agency. The referrals would register their attendance automatically by swiping their HRA benefits card at the facility. The landlord submitted monthly bills to HRA, and could also collect … <Read More>


City’s Adult Use Zoning Rules Upheld

The Court of Appeals, after 22 years of litigation, upheld the City’s adult use zoning rules and dismissed the complaint challenging the rules. In 1994 the City’s Department of City Planning completed a study of sexually focused businesses: adult video and bookstores, adult live or movie theaters, and topless or nude bars. The study led to the passage in 1995 of a zoning amendment barring adult establishments from residential and most commercial and manufacturing … <Read More>


Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>


Zero Percent Rent Increase in 2016 Upheld

Landlord’s association challenged the Rent Guidelines Board’s 2016 decision to authorize a zero percent increase for one year leases. On June 27, 2016, the New York City Rent Guidelines Board promulgated the annual guidelines for rent adjustments for rent stabilized apartments. The Board allowed no increase in rent for one year renewal leases and a two percent increase for two year renewals.


Appellate Department Affirms $20,000 Fine for Astoria Landing Sign in Residential District

New owner relied on error by Buildings which had erroneously issued permit for sign in residential district. Beginning in 1941 the owner of a 4-story apartment building located at 24-59 32nd Street in Astoria, Queens, allowed a sign to be painted on the south wall of the building. In 1961 the City adopted an amendment to the zoning resolution which prohibited signs in residential districts including the district covering 24-59 32d Street. Non-conforming signs then … <Read More>