New York Landlord & Tenant Litigation: Special Residential Issues (Update)

(138 Ratings)

Produced on: October 03, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 51 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. This program, taught by Michelle Maratto Itkowitz, a noted NYC Landlord-Tenant attorney, will examine some of the special issues that come up when litigating a landlord and tenant case in New York.

Many landlords and tenants believe that the basis of their relationship lies in the language of the lease. However, many provisions of a residential lease are, essentially, meaningless. A lease, for example, might say that a residential tenant is prohibited from subletting, but that is simply not the case. This program will from provide practical “myth-busting,” around these issues by tracking a standard residential lease and pointing out all the rights that a residential tenant actually has and that a landlord of a residential premises must be mindful of and respect.

Learning Objectives:
  1. Protect your client, be they landlord or tenant, from the pitfalls of the violation of the warranty of habitability
  2. Advise your client about who has a right to occupy an apartment and why
  3. Review the law surrounding short-term rentals, such as on Airbnb
  4. Discuss the reciprocal nature of an attorneys fee clause in a residential lease
  5. Litigate a wide-range of issues that arise in a residential L&T case
  6. Survey basic issues involving security deposits, guarantees, and counterclaims in the residential context


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:

  • 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 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.


Donald G.

This instructor was excellent.

Kenneth D.

Best presenter on this site

Debra O.

Materials and presentation A+

Helen E.

Very informative.

Karen N.

Great materials and some very useful points. A little rushed, but I guess there's a lot to cover in a short time period.

William F.

Excellent written materials

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$ 59 Real Estate and Litigation In Stock


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