544 W 27th Street. Image Credit: Google Maps
Tenants claimed a permanent residence in loft building. Loft tenants Maria Nazor and Peter Mickle have occupied units 4N and 4S of 544 West 27th Street in Chelsea since 1983 and 1995, respectively. In 2009, after two unsuccessful holdover proceedings, landlord Sydney Sol Group Ltd. (f/k/a Mushlam, Inc.) won a judgement of ejectment against Nazor and Mickle in New York County Supreme Court. In December 2010, the Supreme Court vacated the judgement of ejectment and granted the tenants leave to pursue their rights under the 2010 amendment to the Loft Law before the New York City Loft Board. The 2010 amendment protects tenants of buildings that were residentially occupied by two or more families between 2008 and 2009. (more…)
435 West 23rd Street, Manhattan. Credit: Google Maps
Landlord classified rental apartments as being destabilized and charged tenants market rate rents despite receiving J-51 tax benefits. London Terrace Gardens, located along West 23rd Street in Manhattan and built in 1930, occupies an entire block and has 1700 apartments. After the enactment of the Rent Regulation Reform Act of 1993, London Terrace Gardens began deregulating rent-stabilized apartments through high-rent vacancy decontrol. London Terrace Gardens subsequently received J-51 tax abatement and exemption benefits after making appropriate improvements to the property. (more…)
Mayor Bill de Blasio at New York City first ever virtual bill signing Image Credit: Mayor’s Office
Local Law addressing personal liability provisions in commercial leases raises constitutional law discussion. On May 26, 2020, Mayor Bill de Blasio signed seven COVID-19 relief bills into law during New York City’s first ever virtual bill signing. Among the laws, Local Law 55 of 2020, sponsored by Council Member Carlina Rivera, temporarily prevents the enforcement of personal liability provisions in commercial leases or rental agreements involving COVID-19 impacted tenants. The law also makes it a form of harassment to attempt or threaten to enforce personal liability provisions on the COVID-19 impacted tenant. Several of the bills were heard by their respective committees on April 29, 2020 and all were approved by their committees and the full Council on May 13, 2020. To read CityLand’s prior coverage of the other COVID-19 Relief Bills and Local Law 55 at public hearing, click here. For the coverage of the Third Party Delivery Service bills and the Stated Meeting click here.
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Council Member Mark Gjonaj speaking at the May 13, 2020 virtual Stated Meeting Image Credit: City Council Livestream
Council Bills intended to support the restaurant industry and small business. On May 13, 2020 the New York City Council voted to approve two bills intended to restrict the amount of fees third-party delivery services can charge restaurants during the COVID-19 pandemic and restaurant closures. Intro 1898-A, which essentially prevents fees to restaurants when no actual transaction results, was approved with 47 votes in the affirmative and three votes in the negative. Intro 1908-B, which restricts third-party food delivery service fees to a maximum 15 percent per order, was approved by a vote of 46 votes in the affirmative and 4 votes in the negative.
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Governor Andrew M. Cuomo delivers briefing on Coronavirus pandemic. Image Credit: Governor’s Office
Advocates and industry leaders calling for more protections and more action from Governor. On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.28, extending the eviction moratorium through August 20, 2020. The moratorium prevents the filing of eviction proceedings against both residential and commercial tenants. The original eviction moratorium, came by way of Chief Administrative Judge Lawrence K. Marks on March 15, 2020, and was reinforced by Governor Cuomo’s Executive Order No. 202.8, on March 20, 2020. The March 20 order extended the eviction moratorium through June 20, 2020. Read CityLand’s initial coverage of the eviction moratorium here.
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