News & Analysis as of

Landlords First Amendment

Morrison & Foerster LLP

Update: Federal Judge Dismisses Landlords’ Challenge To NY Eviction Law

On April 14, 2021, U.S. District Judge Joanna Seybert dismissed a lawsuit filed by a group of five landlords against Attorney General Letitia James (“AG James”) in the Eastern District of New York (Chrysafis, et al. v. James,...more

Morrison & Foerster LLP

Eviction Moratoriums Face Constitutional Issues: Landlords Challenge NY Law And Federal Judge Strikes Down CDC’s Eviction Ban

On February 24, 2021, five New York landlords filed a complaint in federal court, alleging that Part A of the state’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”) violates their...more

ArentFox Schiff

Landlords Lose: New York Federal Court Upholds Landlord/Tenant Laws Due to COVID-19

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On November 25, 2020, a New York federal court ruled in Melendez v. The City of New York, No. 20-CV-5301 (S.D.N.Y.) denying an injunction and declaring constitutional NYC Council’s newly enacted anti-harassment and guaranty...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: We’re All in This Together, but Landlords Are About to Take a Bath – SDNY Upholds Constitutionality of NYC’s...

As the COVID-19 pandemic unfolded upon New York City, policymakers grappled with impossible decisions regarding how to protect public health and stave off economic ruin for individuals, businesses and the economy at large....more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

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The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Fox Rothschild LLP

Can Apartment Management Restrict Political Signs In Windows And On Doors? Read On.

Fox Rothschild LLP on

With the 2020 presidential election less than three months away, I had an interesting question hit my desk: can a property management company restrict residents from placing political signs on their exterior windows, doors,...more

Seyfarth Shaw LLP

New Laws Enacted by the New York City Council Purport to Limit Landlord’s Rights Under Certain Leases

Seyfarth Shaw LLP on

On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more

ArentFox Schiff

No, a Pandemic Doesn’t Overturn the First Amendment: Massachusetts Enjoined From Banning Debt-Collection Calls or Lawsuits During...

ArentFox Schiff on

On May 6, 2020, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts put the brakes on an attempt by Massachusetts Attorney General Maura Healey to alter the relationship between...more

Farrell Fritz, P.C.

Court Seals Commercial Lease Provisions in Landlord Tenant Dispute

Farrell Fritz, P.C. on

Commercial leases are not all boilerplate. The nature and sophistication of the business or industry of the tenant can lead to lease terms, addenda, riders and exhibits that are complicated and in some cases contain what the...more

Butler Snow LLP

Sixth Circuit Files Win for Bankruptcy Debtors Harassed During Automatic Stay

Butler Snow LLP on

Creditors of bankruptcy debtors beware: a recent opinion from the Sixth Circuit Court of Appeals makes clear that creditors cannot circumvent the ban on collection efforts following the petition for bankruptcy by trying to...more

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