Rothken, Zachary J.

Zachary J. Rothken joined Rosenberg & Estis, P.C. in 2018 and is a Member and Head of the firm’s Administrative Law Department. His practice focuses on complex rent regulatory issues concerning rent stabilization and rent control. Rothken represents property owners in administrative proceedings before DHCR and other administrative agencies, including claims alleging rent overcharge, TPU audits, petitions for administrative review and reduction of services. His practice also focuses on counseling prospective purchasers, sellers and lenders in performing due diligence on properties subject to rent regulation. Rothken’s practice also includes representing property owners in a wide variety of litigation matters, including: Article 78 proceedings, Supreme Court actions and landlord-tenant summary proceedings.

Rothken earned his J.D. at Hofstra University School of Law and received a Bachelor of Science degree from Yeshiva University, Sy Syms School of Business. While in law school, Rothken served as Articles Editor for Volume 30 of the Hofstra Labor & Employment Law Journal. He co-authored an article titled, Limits on Sovereign Immunity in the Post-NASA v. Nelson Era: Greater Government Liability for Negligent Hiring, which was published in the Summer 2013 volume of the New York State Bar Association Labor and Employment Law Journal.

When DHCR issued proposed amendments to the Rent Stabilization Code on August 31, 2022, Rothken swiftly conducted a live webinar to address the major changes found in the RSC proposed amendments. The webinar drew in the highest attendance of any Firm webinar to date. Rothken was subsequently invited as an expert speaker to RSC webinars hosted by the Community Housing Improvement Program (CHIP) and the Rent Stabilization Association (RSA). In December 2022, Rothken was published in the New York Law Journal with his co-authored article, “Administrative Rulemaking and DHCR’s Proposed Amendments to the Rent Stabilization Code.”

Notable Work

  • Armstrong, et al., v. Dumbo Lofts (Sup. Ct. Kings Co. 2021): overcharge action brought by a number of tenants; won full summary judgment on issue of fraud and rent freeze; full summary judgment on all claims of one tenant; partial summary judgment on all claims but willfulness for remaining tenants.
  • Westchester Plaza Tenants Association v. DHCR and Westchester Plaza Holdings, LLC (Sup. Ct. Westchester County 2021): successfully defended Article 78 proceeding brought by tenants’ association in complex building-wide service reduction/modification of services proceeding.
  • Matter of Kristopher, RA Docket No. GQ-410097-R (10/5/21): successfully defended rent overcharge complaint; utilized creative legal argument in support of deregulation despite lack of last rent stabilized lease.

Areas Of Practice   

  • Administrative Law
  • Due Diligence in connection with Multifamily Purchases, Sales and Financing: Rent Regulation and Aff
  • Rent Stabilization Issues: Coverage, Rent Overcharge, Substantial Rehabilitation and Regulatory Comp
  • DHCR, TPU and Attorney General Proceedings and Audits
  • Article 78 Proceedings and Appeals Challenging Agency Orders
  • Regulatory Agreements Generally, including Financing and Tax Benefits
  • Certificates of No Harassment
  • Landlord / Tenant Disputes

Bar Admissions   

  • New York, 2014
  • New Jersey, 2013
  • U.S. District Court District of New Jersey


  • Hofstra University School of Law, Hempstead, New York
    • J.D. – 2013
    • Honors: Merit Scholarship
    • Law Journal: Hofstra Labor & Employment Law Journal, Volume 30, Articles Editor
  • Yeshiva University, Sy Syms School of Business
    • B.S. – 2009


  • R&E In-House CLE: “2023 Rent Stabilization Code Amendments,” November 2023
  • “All the Way to the Supreme Court: Navigating the Challenges in the Rent-Stabilized Apartment Rental Market,” Greenpearl’s New York Multifamily Summit, Moderator, October 2023
  • “Multifamily: Rates, Affordability & Legislation,” Navigating Real Estate Distress Conference, May 2023
  • R&E 421-a Webinar: “Affordability, Rent Stabilization, Deregulation and Recent Litigations,” March 2023
  • CHIP Webinar: “Reviewing the Proposed Amendments to the RSC,” November 2022
  • RSA Roundtable Webinar: “HCR Amendments,” October 2022
  • R&E Webinar: “Proposed Amendments to the Rent Stabilization Code,” September 2022

Published Works   

  • “Administrative Rulemaking and DHCR’s Proposed Amendments to the Rent Stabilization Code,” New York Law Journal (co-authored), December 2022
  • Commercial Rent Control Effort Defined by Confusion and Unintended Consequences, New York Law Journal, February 2020
  • Limits on Sovereign Immunity in the Post-NASA v. Nelson Era: Greater Government Liability for Negligent Hiring, New York State Bar Association Labor & Employment Law Journal (co-authored), Summer, 2013

Professional Associations   

  • Alternate Member, Village of Chestnut Ridge Planning Board, 2021-present
  • Rockland County Rent Guidelines Board, Owner Member, 2024-present
Zachary J. Rothken
Zachary J. Rothken
  • Member