State & Federal Court Appeals
Breaking Ground + Setting Precedents
Throughout the past decade, Rosenberg & Estis has obtained favorable results in precedent-setting appeals. For example, the New York State Court of Appeals held that rent stabilized tenancies are illegal unless the lease names a specific, intended occupant, marking the first time that a rent regulatory statute has been declared unconstitutional by New York State’s highest court. The Appellate Division held that the eminent domain of a governmental “taking” of property is entitled to compound interest on damages for the first time in state history. In other decisions, the Appellate Division held that hundreds of former Mitchell-Lama apartments are eligible for “unique or peculiar” rent increases under the rent stabilization law, that there is no limit to the number of apartments an owner can recover under the rent stabilization law for owner’s use and that DHCR need not conduct a State Environmental Review Act (SEQRA) review in connection with an application to recover rent stabilized apartments based on the owner’s intention to demolish the building. We have convinced appellate courts that appraisals were properly conducted pursuant to a net lease’s terms, that, absent extraordinary circumstances, tenants who breached stipulations in which they agreed to pay arrears pursuant to a schedule should be evicted. We also convinced an appellate court to maintain the right of owners to evict tenant(s) based on luxury deregulation and/or proof of non-primary residence.