New York Landlord & Tenant Litigation: Getting a Case Started (Update)
Created on January 26, 2021
Landlord and tenant cases are often won (or lost) before the case is even filed. For landlord attorneys, myriad legal and factual issues need to be examined, understood, and dealt with in order to bring a winnable case. Tenant attorneys will learn about great defenses to use if the case does get to the litigation stage.
This program, taught by Michelle Maratto Itkowitz, a superstar NYC landlord-tenant attorney who represents both tenants and landlords, will introduce attorneys to the beginning stages of a landlord-tenant case in NY.
- Define various occupancy relationships, such as what is a tenant at sufferance and what is a licensee, and the legal protections that apply to each
- Identify a variety of types of housing, including Free Market, Rent Regulated (like Rent Stabilization), Section 8 (and other benefits), Cooperatives, Lofts IMD, SRO's and Co-Living
- Read a lease to prepare for litigation
- Develop a checklist of items to research before filing (or planning to defend against) an L&T case
- Recognize the differences between a summary proceeding and regular plenary lawsuits
- Distinguish a nonpayment proceeding from a holdover proceeding and understand when each should be utilized
- Draft a defensible predicate notice, including a rent demand, a notice to cure the default, or termination notice
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