New York Landlord & Tenant Litigation: Getting a Case Started (Update)

(174 Ratings)

Produced on: September 11, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 52 minutes
Difficulty Intermediate

There are, on average, 254,183 new landlord and tenant cases filed in the Housing Parts of the New York City Civil Courts every year. The courts are open about 250 days a year. That is 1,017 new cases, on average, for every day that the court is open. Moreover, these cases spawn an astounding 242,250 motions, on average, per year. These cases also result in 125,951 warrants of eviction. In other words, there is a huge volume of Landlord and Tenant cases working its way through the court system.

In this program, Michelle Maratto Itkowitz, a noted NYC Landlord-Tenant attorney, will introduce the landlord and tenant field and walk viewers step by step through the beginning stages of a case. Landlord and tenant cases are often won (or lost) before the case is even filed, and a myriad of legal and factual issues need to be examined, understood, and dealt with in order to either bring a winnable case on behalf of a landlord, or effectively litigate on behalf of a tenant.


Learning Objectives:

  1. Develop a checklist of approximately twenty things to check before filing (or planning to defend against) an L&T case
  2. Identify and define various occupancy relationships – such as what is a tenant at sufferance and what is a licensee
  3. Recognize the differences between a summary proceeding and regular plenary lawsuits
  4. Distinguish a nonpayment proceeding from a holdover proceeding and understand when each should be employed
  5. Analyze vital preliminary issues and material in a landlord and tenant matter in order to bring a successful case, including the petitioner’s interest, the lease, the multiple dwelling registration, DHCR records, an arrears report, and many other items
  6. Draft a defensible predicate notice, including a rent demand, a notice to cure default, or a termination notice

Faculty

Michelle Maratto Itkowitz has been practicing real estate law, specializing in the area of residential and commercial landlord and tenant law in the City of New York, for over twenty years. She also is very experienced in general commercial litigation and all manner of real estate transactions. 

Michelle publishes and speaks frequently on real estate and legal issues. The groups Michelle has taught for or presented to and the publications she has written for include:

  • Lawline.com
  • The Columbia Society of Real Estate Appraisers
  • LandlordsNY
  • Lorman Education Services
  • The Association of the Bar of the City of New York
  • The New York State Bar Association, Real Property Section, Commercial Leasing Committee
  • Thompson Reuters
  • The Cooperator
  • The New York State Bar Association CLE Publications
  • The Brooklyn Real Estate Summits
  • The Association of the Bar of the City of New York
  • BisNow

Michelle gets quoted in the press on real estate and legal issues. Michelle produces tons of original and useful content on real estate and law and gets it out to the world in many ways – from booklets to podcasts, as well as many useful articles that can be found on her Teaching and Publishing blog. Michelle is the Legal Expert for LandlordsNY, where she answers members questions on as a guest on their blog. Michelle is developing an extensive curriculum of real estate continuing legal education videos with Lawline.com. Michelle is currently co-authoring the New York State Bar Association's New York Commercial Landlord and Tenant Law and Procedure Book and she co-authored a chapter on lease remedy clauses for the New York State Bar Association Commercial Leasing. Michelle is a pioneer of Legal Project Management, a unique and better way for lawyers and clients to work together, which you can read much more about on her website or watch a Lawline CLE on.

Michelle is admitted to practice in New York State and the United States District Court for the Southern District of New York.  Michelle’s professional associations include: the New York State Bar Association - Real Property Law Section and Commercial and Federal Litigation Section, Gotham City Network - New York City Real Estate Chapter, and the Brooklyn Chamber of Commerce. Michelle received a Bachelor of Arts in Political Science in 1989 from Union College, and a Juris Doctor in 1992, from Brooklyn Law School. Michelle is also a managing member of an executive office suite company and a founding member of an internet startup company that launched in 2012. Michelle sits on the board of directors of Building Blocs, a not-for-profit organization, and she has been honored by the Brooklyn Bar Association Volunteer Lawyer's Project.

There are many ways to keep up with Michelle. When Michelle tweets, which is not an obnoxious amount, you cannot only actually understand what she is saying, but it is useful stuff about real estate, business, and the legal industry that you might miss between the headlines. Michelle would be happy to speak to you.

Reviews

NT
N. David T.

Looking forward to the rest of this series.

MW
Misha W.

This instructor is always incisive and penetrating with her coverage of the L/T arena. Looking forward to the completion of the remainder of this series.

ML
Marie L.

Fantastic. Would love to work with her and have her as a mentor!!

MK
Maryalice K.

The instructor was excellent - very enjoyable and practical presentation!

DO
Debra O.

Instructive and entertaining

KC
Kerry C.

Instructor was excellent.

PD
Patrick D.

Superb course and instructor!

MF
michael f.

if i need an ll.t lawyer she is the person i will be looking for.

GS
Gail S.

Excellent!

KM
Kieran M.

The presentation was excellent.

CF
Cecil F.

Excellent Course

AS
Alexandra S.

Used this video as a crash course to help a family friend who was being evicted. Great content, great written materials.

PL
Philip L.

Very informative!

DD
Darlene D.

Very thorough, with great insight based on her extensive experience. Looking forward to her next installment.

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