Non-Residential Tenant Harassment Law

As most of you are aware, a large part of our practice is representing Landlords and Tenants involved with commercial property. It is a common complaint of commercial tenants that their Landlords are “harassing” them in an effort to force them out of their space because their rent is “under market.” It is certainly possible that unscrupulous Landlords could use

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Why Some People May Feel That Airbnb is Good for New York Landlords

I had previously written an article on Airbnb and I received feedback that some felt my article was one sided against Airbnb; here I have come up with some reasons why Airbnb is good for New York landlords; I am certain you can think of additional reasons as to why participating in Airbnb activities is good for Landlords and New York. Feel free

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Many people think that Airbnb is harmless

To all those who wonder why Airbnb is problematic for landlords and for tenants, I have created lists that will help you understand the difficulties and implications linked to this type of rental. Please read the following lists:   Why Airbnb is a problem for landlords: 1. Increased traffic causes increased wear and tear and damage. 2. Insurance issues, in

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Using a “CEMA” to Save Money

One of the most challenging issues when purchasing a condo or house is keeping additional charges down.  Attorneys’ fees, closing costs, and mortgage recording taxes can pile up and result in unexpected expenses for the Purchaser.  However, there are ways to minimize mounting costs and in the following instance, there is a tool that benefits both the Purchaser and the

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Short Sale or Foreclosure?

There are many homeowners who are now faced with the burden of not being able to make their mortgage payments, and who are finding they have no equity in their home. If they are in a situation of having to sell, they find themselves in the precarious position of deciding if they should “Short Sale” their home or just let

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November, 2010

NOVEMBER, 2010   COURT RULING VICTORY David A. Kaminsky & Associates P.C. won a ruling in Federal Court, Southern District determining that a sponsor cannot retain a Purchaser’s $55,000.00 contract deposit because the sponsor failed to comply with the Interstate Land Sales Full Disclosure Act. This is a significant victory. It was reported on the front page of the May

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April, 2009

SECOND HAND SMOKE AND THE WARRANTY OF HABITABILITY Many of you have suffered from second hand smoke in restaurants, offices, and other public areas. How about second hand smoke in your own apartment? It is not an infrequent situation that neighbors’ heavy smoking passes right through the walls into your apartment. Another obnoxious situation may be when your neighbor’s smoking

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November, 2008

SUCCESSFUL BUY-OUTS David A. Kaminsky & Associates P.C. were successful in obtaining substantial buy-outs for two hotel code rent stabilized tenants who resided in units located on West 34th Street, New York, NY, which was a single room occupancy hotel. The owner of the premises filed an application with the Department of Housing Preservation and Development for the issuance of

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March, 2008

SELLING YOUR HOME IN TODAY’S SLOW MARKET As lenders nationwide tighten their standards in the face of increased foreclosure rates, sales of existing homes continue to decline and the number of homes on the market has shot up to record levels. Not only are there more homes on the market, the prices of homes have been declining as well. The

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December, 2007

AVOIDING FORECLOSURE AS MORTGAGE TROUBLES SPREAD As the mortgage troubles continue to spread throughout the country, nervous borrowers are scrambling to figure out what to do. Increasingly, borrowers, many with adjustable-rate loans, are finding that as their interest rate rises, they are unable to keep up with their mortgage payments. In a Wall Street Journal article entitled “What People Can

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