Tag: commercial litigation


What Is Business Law: Why Every Business Needs a Business Law Firm


 

Running a business is exciting, but it also means navigating a complex web of legal responsibilities. From forming your company to managing contracts and resolving disputes, business law shapes nearly every decision you make. Understanding the legal laws that govern your business is not just smart, it’s essential for long-term success.

 

Whether you’re a startup founder or a seasoned executive, partnering with an experienced business law firm in New York, like The LAW FIRM OF DAYREL SEWELL, PLLC, can make all the difference. Let’s explore why business law matters, how it protects your company, and why working with a skilled attorney ensures your peace of mind.

 

What Is Business Law?

 

Business law, also known as commercial law, governs how businesses form, operate, and interact with others. It includes rules and regulations that cover:

 

  • Business formation and structure (LLCs, corporations, partnerships)
  • Contract creation and enforcement
  • Employment and labor relations
  • Intellectual property protection
  • Mergers, acquisitions, and dissolutions
  • Business litigation and dispute resolution

 

In short, business law is the foundation that keeps companies legally compliant, fair, and protected in a competitive market. When you understand these legal laws for businesses, you minimize risks, avoid costly lawsuits, and ensure your company operates smoothly.

 

Why Should Businesses and Individuals Understand Business Law?

 

Ignorance of the law is never a defense, especially in the business world. Knowing the basics of business law helps entrepreneurs and professionals:

 

  • Avoid disputes by creating legally sound contracts
  • Comply with state and federal regulations
  • Protect assets and intellectual property
  • Handle employment matters ethically and legally
  • Prevent litigation through proactive legal planning

 

Whether you’re signing your first client agreement or expanding internationally, a basic understanding of business law legal principles helps you make confident decisions and avoid preventable mistakes.

 

Business law

Source: American public university

 

Key Areas of Business Law That Impact Every Company

 

1. The Law of Contract in Business Law

 

Contracts are the lifeblood of every business relationship. The law of contract in business law governs how agreements are formed, interpreted, and enforced. A single poorly written contract can lead to disputes, loss, or even lawsuits.

 

A business law attorney ensures your contracts are clear, enforceable, and in your best interest, whether it’s an employment agreement, vendor contract, or service partnership.

 

2. Business Litigation and Dispute Resolution

 

Even the most careful businesses face disagreements. When that happens, you need a business litigation law firm that can protect your interests.

 

At The LAW FIRM OF DAYREL SEWELL, PLLC, our attorneys represent businesses in commercial disputes, contract breaches, partnership conflicts, and other complex litigation matters. We work strategically, aiming for cost-effective resolutions while remaining prepared to take legal action when necessary.

 

3. Corporate and Commercial Compliance

 

Every business in New York is required to comply with both state and federal regulations. From licensing requirements to tax obligations, compliance is non-negotiable.

 

A business law firm in New York, like LAW FIRM OF DAYREL SEWELL, PLLC, helps clients stay compliant, prepare corporate documents, and manage risk so you can focus on growth.

 

4. International Business Law and Global Expansion

 

In today’s global economy, many New York businesses engage with international partners or operate across borders. International business law governs cross-border contracts, trade compliance, intellectual property rights, and international disputes.

 

Understanding these laws, including how international environmental laws impact businesses, is essential for sustainable growth. The LAW FIRM OF DAYREL SEWELL, PLLC helps clients navigate global legal frameworks, ensuring compliance with both U.S. and foreign regulations.

 

5. Environmental and Sustainability Regulations

 

Environmental laws increasingly affect how companies operate, from waste management to emissions control. International environmental laws also impact multinational companies and supply chains.

 

Businesses that fail to comply face serious financial and reputational risks. A qualified business law lawyer can help ensure your operations meet environmental standards, protecting your brand and long-term success.

 

How a Business Law Attorney Protects Your Company

 

Hiring a business law attorney isn’t just about solving problems; it’s about preventing them. Here’s how an experienced legal partner supports your business at every stage:

 

  • Startups: Choosing the right entity structure and drafting partnership agreements
  • Growing Businesses: Reviewing contracts, protecting intellectual property, and managing employee relations
  • Established Companies: Handling mergers, acquisitions, and litigation
  • Global Operations: Advising on cross-border trade and compliance with international laws

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our firm believes that proactive legal planning is the key to business stability and growth.

 

business law attorney

Source: Berardi law office

 

Why Choose The LAW FIRM OF DAYREL SEWELL, PLLC?

 

When it comes to business law services, experience and dedication matter. The LAW FIRM OF DAYREL SEWELL, PLLC stands out for its:

 

  • Deep knowledge of New York business law and regulations
  • Proven litigation experience in both state and federal courts
  • Personalized service tailored to each client’s needs
  • Strategic, results-driven representation for businesses of all sizes

 

Our attorneys understand that every business is unique. Whether you’re drafting your first contract or defending your company in court, we deliver practical, cost-effective solutions with your goals in mind.

 

Conclusion:

 

Business law isn’t just about compliance; it’s about confidence. By understanding legal laws for businesses and partnering with a trusted business law firm, you ensure your company is legally protected and prepared for the future.

 

If you’re a business owner in New York or expanding internationally, don’t wait for a legal issue to arise. Contact The LAW FIRM OF DAYREL SEWELL, PLLC today to schedule a consultation with our experienced business law attorneys and safeguard your company’s success.

 

FAQs

 

What does a business law attorney do?

A business law attorney advises and represents clients in all areas of business operations — including contracts, compliance, disputes, and litigation.

 

Why is business law important for companies in New York?

New York has complex state and city regulations. Business law ensures compliance, minimizes risks, and protects companies from costly legal disputes.

 

Do you handle international business law matters?

Yes. The LAW FIRM OF DAYREL SEWELL, PLLC, advises clients on cross-border contracts, intellectual property protection, and global compliance.

 

What are common types of business litigation cases?

They include contract breaches, partnership disputes, shareholder conflicts, and employment-related claims.

 

How can I contact your firm for business law services?

Visit sewellnylaw.com or call the LAW FIRM OF DAYREL SEWELL, PLLC to schedule a consultation with our business law team.

 



What Is Civil Litigation? Complete Guide to Resolve Legal Disputes


In today’s complex world, disputes between individuals, organizations, or businesses are inevitable. Whether it’s a contract disagreement, workplace issue, or property matter, resolving these conflicts fairly often requires the legal process known as civil litigation.

 

This guide will walk you through everything you need to know about civil litigation, what it is, how it works, and why hiring an experienced civil litigation attorney is essential. For those seeking skilled representation in New York, the LAW FIRM OF DAYREL SEWELL, PLLC stands out as a trusted advocate for clients involved in civil and commercial disputes.

 

What Is Civil Litigation?

 

Civil litigation is a legal process where one party sues another to resolve a dispute and seeks compensation, not punishment. These are brought by the government, and civil cases are usually filed by private individuals, businesses, or organizations seeking justice for harm or financial loss.

 

Common examples include contract breaches, employment disputes, personal injury claims, and real estate disagreements. These cases often revolve around financial recovery, protection of rights, or business interests rather than criminal charges.

 

A civil litigation lawyer plays a key role in guiding clients through this process from the initial consultation to court representation, ensuring that every step is handled strategically and efficiently.

 

The Civil Litigation Process Explained

 

The civil litigation process is structured but can vary based on the type and complexity of the case. Generally, it includes several key stages that both parties must navigate carefully.

 

First, the plaintiff files a complaint describing the issue and desired remedy. The defendant then responds, either by denying the allegations or presenting counterclaims. Once both sides have presented their initial arguments, they move into the discovery phase, where evidence, documents, and witness statements are exchanged.

 

If settlement efforts fail, the case proceeds to trial, where a judge or jury determines the outcome. However, many civil disputes are settled long before reaching trial through negotiation or mediation, saving both time and expense.

 

Civil litigation

Source: Leaders In Law

 

Common Types of Civil Litigation Cases

 

Civil litigation encompasses a broad range of disputes, each requiring a distinct legal approach. The LAW FIRM OF DAYREL SEWELL, PLLC has extensive experience handling cases involving:

 

  • Business and Commercial Litigation – Breach of contract, partnership disputes, or business torts.
  • Employment Litigation – Claims involving wrongful termination, workplace discrimination, or wage disputes.
  • Real Estate Litigation – Property disputes, construction claims, or lease disagreements.
  • Personal Injury and Negligence – Cases involving accidents, injuries, or liability issues.
  • Intellectual Property Disputes – Trademark, copyright, or patent infringement cases.

 

Each case demands careful preparation, thorough investigation, and strong courtroom advocacy, all of which the firm’s civil litigators deliver consistently.

 

Why You Need a Civil Litigation Attorney?

 

While some disputes may seem straightforward, the legal process is rarely simple. Hiring an experienced civil litigation attorney can make all the difference between a favorable outcome and a costly mistake.

 

A skilled attorney provides strategic legal advice, understands the procedural requirements, and builds strong evidence-based arguments. They also act as a negotiator, working toward settlements that protect your interests while avoiding unnecessary delays.

 

At LAW FIRM OF DAYREL SEWELL, PLLC, our civil litigation lawyers offer client-focused representation that balances assertiveness with practical problem-solving. Whether you’re a business owner or an individual, our firm ensures your case is handled with diligence and professionalism.

 

How the LAW FIRM OF DAYREL SEWELL, PLLC Helps Resolve Disputes?

 

When facing a legal dispute in New York, you need more than just representation — you need results. The LAW FIRM OF DAYREL SEWELL, PLLC brings experience, strategy, and dedication to every case.

 

Our attorneys have successfully represented clients in both state and federal courts, offering comprehensive support in civil and commercial litigation. The firm’s approach emphasizes:

 

  • Clear communication and transparency throughout the process.
  • Personalized strategies tailored to each client’s goals.
  • Efficient dispute resolution through negotiation, mediation, or trial.
  • Proven success in complex civil and business litigation matters.

 

By choosing our firm, clients gain more than legal counsel — they gain a trusted partner committed to protecting their rights and achieving lasting results.

Civil litigation attorney

Source: Patrons Legal

 

Tips for Handling Civil Litigation Effectively

 

If you’re involved in a civil dispute, taking the right steps early can make a big difference in your case. Here are a few key recommendations:

 

  • Document Everything: Keep all records, contracts, and communication in order.
  • Stay Professional: Avoid emotional exchanges that could harm your position.
  • Explore Settlement Options: Mediation often leads to faster, less costly outcomes.
  • Hire the Right Attorney: Consult a civil litigator who understands your situation.
  • Be Patient and Informed: Litigation can take time, but knowledge is your best tool.

 

Being proactive and working with a reliable civil litigation lawyer ensures that your case proceeds smoothly and strategically.

 

Final Thoughts

 

Civil litigation is a vital part of the justice system, offering individuals and businesses a fair way to resolve legal conflicts. However, success requires knowledge, preparation, and strong advocacy.

 

If you are dealing with a civil dispute in New York, the LAW FIRM OF DAYREL SEWELL, PLLC is here to help. Our civil litigation attorneys provide comprehensive legal support and representation in both state and federal courts.

 

Don’t face litigation alone. Contact LAW FIRM OF DAYREL SEWELL, PLLC today to discuss your case and explore your best legal options.

 

FAQs

What does a civil litigation lawyer do?

A civil litigation lawyer represents clients in non-criminal disputes, managing everything from filing claims to negotiating settlements or representing clients in court to achieve the best possible outcome.

 

How long does a civil litigation case take in New York?

The duration depends on the case’s complexity. Some matters settle in a few months, while others can take a year or more if they go to trial.

 

Can I resolve a civil dispute without going to court?

Yes. Many civil cases are settled through mediation or negotiation, helping both parties save time and avoid the stress of a trial.

 

What is the difference between civil and commercial litigation?

Civil litigation covers personal and business disputes, while commercial litigation focuses specifically on conflicts between businesses, such as contract breaches or partnership issues.

 

Why choose LAW FIRM OF DAYREL SEWELL, PLLC for civil litigation?

The firm combines deep legal expertise, strong negotiation skills, and a client-first approach to deliver effective, strategic results in both civil and commercial litigation cases.

 



The Role of a Litigation Attorney in Business Disputes


Business disputes are part of today’s competitive marketplace. From contract disagreements to shareholder conflicts, legal challenges can disrupt operations, drain resources, and damage reputations. When conflicts escalate, having a skilled litigation attorney becomes crucial. These legal professionals not only represent businesses in court but also guide them through the entire dispute-resolution process.

 

In this article, we’ll explore the role of a litigation attorney in business disputes, why their expertise is vital, and how the LAW FIRM OF DAYREL SEWELL, PLLC supports businesses in New York with reliable legal solutions.

 

The Role of a Litigation Attorney in Today’s Business World

 

A litigation attorney, often referred to as a trial lawyer, plays a critical role in safeguarding businesses when disputes arise. Unlike transactional attorneys who focus on drafting agreements and compliance, litigation attorneys step in when conflicts escalate into serious legal matters.

 

In today’s business world, where contracts are global, intellectual property is digital, and regulations are more complex than ever, having a skilled litigation attorney ensures your company’s interests are defended. They represent businesses in negotiations, arbitration, and courtrooms while also providing strategies to prevent disputes from disrupting operations.

 

Litigation attorney for business disputes

Source: One Legal

 

Why Litigation Attorneys Matter in Business Conflicts?

 

Business disputes can be complex, costly, and time-consuming. A litigation attorney provides more than courtroom advocacy—they bring strategy, negotiation skills, and risk management to the table. They analyze the strengths and weaknesses of your case, advise on settlement options, and, if necessary, represent your company before a judge or jury.

 

By offering both preventive guidance and aggressive defense, litigation attorneys help minimize risks while ensuring that businesses can continue to operate smoothly.

 

Common Types of Business Disputes

 

A business dispute attorney handles a wide range of business-related conflicts. Some of the most common include:

 

  • Breach of Contract: When one party fails to meet its obligations under a legally binding agreement.
  • Partnership and Shareholder Disputes: Conflicts between co-owners or disagreements over company management.
  • Employment Litigation: Issues involving wrongful termination, wage claims, or non-compete agreements.
  • Intellectual Property Disputes: Protecting trademarks, copyrights, and trade secrets from misuse.
  • Commercial Real Estate Conflicts: Lease disagreements, property zoning issues, or construction disputes.

 

Each of these disputes requires tailored strategies, and a skilled business litigation attorney ensures that companies are well-protected at every stage.

 

Litigation Attorneys resolving business disputes

Source: Very Law

 

What Is The Litigation Process?

 

When a dispute arises, a litigation attorney in New York guides the client through structured steps:

 

  1. Case Evaluation – Reviewing the facts, contracts, and potential outcomes.
  2. Pre-Trial Preparation – Drafting complaints, gathering evidence, and preparing witnesses.
  3. Negotiation or Mediation – Attempting settlement before a case goes to trial.
  4. Trial Advocacy – Presenting arguments, cross-examining witnesses, and fighting for favorable outcomes.
  5. Post-Trial Actions – Handling appeals or enforcing judgments if necessary.

 

This process ensures that businesses have strong representation from start to finish, whether in settlement discussions or courtroom litigation.

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC?

 

For business owners in New York, the LAW FIRM OF DAYREL SEWELL, PLLC is a trusted name in litigation. The firm is known for its client-centered approach, aggressive advocacy, and deep knowledge of commercial litigation.

 

Clients choose this firm because:

 

  • They have a track record of success in complex disputes.
  • The team takes a personalized approach, tailoring strategies to client goals.
  • Their attorneys combine strong negotiation skills with courtroom expertise.
  • They provide end-to-end legal support, from consultation through trial.

 

Whether you’re facing a breach of contract claim, shareholder dispute, or intellectual property battle, the LAW FIRM OF DAYREL SEWELL, PLLC offers the experience and dedication needed to safeguard your business.

 

Final Thoughts

 

Business disputes can quickly derail growth and damage hard-earned reputations. A litigation attorney plays a vital role in managing conflicts, protecting assets, and guiding companies through legal challenges.

 

If your business is facing a dispute in New York, partner with the LAW FIRM OF DAYREL SEWELL, PLLC for trusted, results-driven legal representation.

 

Contact the LAW FIRM OF DAYREL SEWELL, PLLC today to schedule a consultation and protect your company’s future.

 

FAQs

 

Do I always need a litigation attorney for a business dispute?

While not every disagreement requires immediate litigation, hiring a litigation attorney ensures your rights are protected from the start. They can assess the case, prevent escalation, and recommend solutions such as negotiation, mediation, or trial if necessary.

 

Can business disputes be resolved without going to trial?

Yes, many business disputes can be resolved outside of court. Litigation attorneys often pursue mediation or arbitration to save time and costs. These methods provide faster outcomes, preserve business relationships, and avoid the lengthy process of courtroom litigation.

 

What makes the LAW FIRM OF DAYREL SEWELL, PLLC stand out?

The LAW FIRM OF DAYREL SEWELL, PLLC, stands out for its personalized approach, strong courtroom advocacy, and proven success in complex commercial disputes. They tailor strategies to business goals while providing comprehensive support from case evaluation through resolution.

 



What Is Commercial Litigation? Guide for Business Owners in 2025


In today’s fast-paced business world, legal disputes are almost inevitable. From contract breaches to shareholder conflicts, companies face challenges that can impact revenue, reputation, and long-term growth. This is where commercial litigation comes into play.

 

In this guide, we’ll explain what commercial litigation is, why it matters for business owners in 2025, and how the LAW FIRM OF DAYREL SEWELL, PLLC can help protect your company’s interests.

 

 

What Is Commercial Litigation?

Commercial litigation is a legal process that involves resolving business-related disputes through the court system, arbitration, or mediation. Unlike civil litigation, which typically deals with personal matters (like injury claims or family disputes), commercial litigation focuses specifically on conflicts between companies, organizations, or business partners.

In short, commercial litigation covers any dispute that could disrupt business operations or profitability.

 

Best commercial litigation attorney in NYC at LAW FIRM OF DAYREL SEWELL, PLLC – expert legal guidance in 2025

Source: Nakase Law Firm

 

Why Is Commercial Litigation Important for Business Owners in 2025?

Business disputes are becoming more complex in today’s economy. Here’s why every business owner in 2025 should understand commercial litigation:

 

1. Globalized Contracts

With cross-border deals and digital agreements, disputes over terms and jurisdiction are more common than ever.

 

2. Rise of Intellectual Property Cases

AI, digital branding, and e-commerce have increased the risk of IP theft and copyright infringement.

 

3. Partnership & Shareholder Conflicts

Growing businesses often face disagreements among stakeholders, which can threaten the company’s future.

 

4. Regulatory Challenges

Businesses in industries like finance, healthcare, and tech face strict regulations, increasing the chance of disputes with agencies or partners.

 

Understanding commercial litigation gives business owners the foresight to manage risks before they escalate into lawsuits.

 

Common Types of Commercial Litigation Cases

1. Breach of Contract

When one party fails to meet contractual obligations, litigation may be necessary to recover damages or enforce terms.

 

2. Shareholder & Partnership Disputes

Conflicts among partners or shareholders can threaten business stability. Litigation resolves ownership rights and responsibilities.

 

3. Intellectual Property Disputes

Protecting trademarks, copyrights, and patents is vital for modern businesses. Litigation ensures competitors don’t unlawfully benefit from your creations.

 

4. Employment Disputes

From wrongful termination to wage conflicts, employment-related lawsuits are a growing part of commercial litigation.

 

5. Fraud & Misrepresentation

Businesses may face cases involving false statements, financial fraud, or deceptive trade practices.

 

The Role of a Commercial Litigation Attorney

A commercial litigation attorney represents businesses in disputes, whether in court, arbitration, or settlement negotiations. Their responsibilities include:

 

  • Evaluating cases and creating legal strategies
  • Negotiating settlements before trial
  • Representing businesses in state and federal courts
  • Protecting business assets and reputations
  • Advising on compliance to prevent future disputes

 

Commercial Litigation attorney consulting business owners about strategies at sewellnylaw.

Source: Feldman & Feldman

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC?

When it comes to commercial litigation in New York, the LAW FIRM OF DAYREL SEWELL, PLLC is a trusted name among business owners.

Here’s why:

 

  • Proven Experience handling complex commercial disputes.
  • Client-Centered Approach that prioritizes your business goals.
  • Strong Litigation Strategies designed to achieve the best outcomes.
  • Comprehensive Support — from negotiation to courtroom advocacy.

 

Whether you’re a startup, a mid-sized company, or a large corporation, the LAW FIRM OF DAYREL SEWELL, PLLC, provides tailored legal solutions to safeguard your business in today’s competitive market.

 

Final Thoughts

Commercial litigation is an unavoidable part of doing business in 2025. Whether it’s a contract issue, a partnership dispute, or protecting your intellectual property, having the right attorney by your side makes all the difference.

If you’re a business owner looking for trusted legal guidance in New York, reach out to the LAW FIRM OF DAYREL SEWELL, PLLC. With a proven track record and client-focused strategies, their team ensures your business stays protected and prepared for any legal challenge.

 

Schedule a consultation with the LAW FIRM OF DAYREL SEWELL, PLLC, today to safeguard your business for the future.

 

FAQs

1. What’s the difference between civil and commercial litigation?

Civil litigation covers personal disputes, while commercial litigation specifically deals with business-related conflicts.

 

2. How long does commercial litigation take?

The timeline depends on case complexity. Some disputes settle quickly, while others may take months or years.

 

3. Can commercial disputes be resolved without going to court?

Yes, many cases are resolved through mediation or arbitration to save time and costs.

 

4. When should I hire a commercial litigation attorney?

You should contact an attorney as soon as a dispute arises to protect your rights and strengthen your legal position.



Landlord-Tenant Battle Over NYC Rent Stabilization


 

 

NYC Rent Stabilization | Best Law firm in Brooklyn NYC
Rent Stabilization

 

New York’s first step towards rent regulation can be traced back to the 1920s.[1]  The history of rent control in New York has been a battle between owners and tenants for quite some time.  In general, rent controlled apartments must be in buildings of three or more units constructed on or before February 1, 1947 and tenants must have occupied their apartment since at least July 1, 1971.[2]  Under rent control, the maximum rent is determined by statute, through the Maximum Base Rent formula.[3]  The Maximum Base Rent formula allows a landlord to increase monthly rent charges in order to recoup the costs of owning the building.[4]  In addition, hardship increases may be allowed in specific circumstances, including when there is substantial rehabilitation to the building, and to recover the cost of major capital improvements.[5]  When a rent-controlled apartment becomes vacant, it is subject to rent stabilization, or, if it does not meet the requirements of rent stabilization, it is deregulated entirely.  If a rent-controlled apartment becomes vacant, and the maximum legal rent exceeds $2,000.00 instead of remaining under rent stabilization, the unit is deregulated.

 

Under the NYC Rent Stabilization Law, rent-stabilized apartments are subject to certain statutory rent increases, including a 20% increase for a two-year lease upon vacancy.[6]  In addition, rent Stabilization Law §26-504.2 [a] provides for the deregulation of rent-stabilized apartments that reach a threshold of legal regulated rent.  Specifically, deregulation will apply to:

 

“any housing accommodation which becomes vacant on or after [April 1, 1997] and before the effective date of the rent act of 2011 and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, with a legal regulated rent of two thousand dollars or more per month.”[7]

 

Owners have been abiding by Rent Stabilization laws for years but, when Richard Altman decided to sue his owner for illegally deregulating the unit he leased in 2003 by counting the 20% rent increase allowed by statute to push his rent over the $2,000.00 threshold, uncertainty spread throughout New York.  For apartments involuntarily placed under rent regulation in New York City, those regulations were removed when a vacant apartment crossed a certain rent level. However, previously unresolved in the case law was whether, in order to effect deregulation, that rent level had to be reached during the tenancy of the last tenant prior to vacancy, or could be reached through implementation of various increases allowed to owners between two actual tenancies, such as the 20%.

 

Initially, in 2015 the New York Appellate Division for the First Department ruled in favor of Richard Altman, holding that although the owner was entitled to a 20% rent increase for Altman’s initial lease, that increase did not serve to deregulate the apartment because the rent was not over $2,000.00 at the time the prior tenant vacated the premises.  The decision by the Appellate Division caused mass uncertainty by owners and tenants who had been previously deregulated by the 20% increase. Tenants believed they had won and were ready to start filing lawsuits to return their units to rent stabilized and collect damages for over paid rent.  While tenants were excited about the court’s ruling the decision left landlords in a very difficult position because they had previously followed the law by including the 20% to deregulate the apartments and were facing potentially thousands of dollars in back-pay to tenants and thousands of apartments being re-stabilized. However, the Altman decision was appealed and heard by the New York Court of Appeals.

 

NYC Rent Stabilization | Best Law firm in Brooklyn NYC
The Final Decision

 

April 26, 2018 was a monumental day for landlords who were facing potential re-stabilization of thousands of previously deregulated apartments.  The Court of Appeals introduced Altman with the statement that it must determine whether the 20% vacancy increase should be included in determining if the rent of a unit exceeds the $2,000.00 threshold.  To tenant’s dismay, New York’s highest Court ruled in favor of the landlords allowing vacancy rent increases to be used to boost a unit’s cost over the deregulation threshold.  Ultimately, the Court of Appeals ruled that the 20% increase should be considered when determining the legal regulated rent at the time of the vacancy.  The decision was a massive defeat for Altman and all other tenants hoping to re-stabilize their rent.  The Court of Appeals Chief Judge Janet DiFiore wrote in her decision that state law makes it clear the vacancy rent increase should be counted when figuring if any apartment has reached the deregulation threshold.  “The legislative history could not be clearer and leaves no doubt that the Legislature intended to include the vacancy increase,” DiFiore wrote.[8]  The unanimous ruling by the Court of Appeals prevents the unjustified re-stablization of thousands of apartments that were appropriately deregulated according to law.  It also prevents thousands of deregulated tenants from receiving a windfall in the form of a rent-stabilized apartment with a below-market rent.

 

NYC Rent Stabilization | Best Law firm in Brooklyn NYC
New York City landscape

 

The New York Court of Appeals decision will continue to allow landlords to deregulate units and buildings that were once rent stabilized. In a city where rent is continuing to increase and become unaffordable, rent stabilized apartments will continue to decrease. Unfortunately, for tenants seeking rent stabilized apartments there are not many left and there will not be new rent stabilized apartments appearing on the NYC real estate horizon. The endless new construction taking place all over New York will continue to make landlords deregulate apartments and drive rent prices up.  Bear in mind if you are one of the lucky few living in a rent stabilized apartment, hold on to it for as long as you can.  Otherwise, it will be like looking for a need in a haystack of brand-new, highly-priced, luxury apartments.

 

 

 

 

 

 

 

[1] Peter D. Salins & Gerard C.S. Mildner, Scarcity By Design: The Legacy of New York City‘s Housing Policies, 120-21, 52-53 (1992).

[2] N.Y.C. Admin. Code 26-403(e)(2)(h).

[3] N.Y. Comp. Codes R. & Regs. tit. 9, 2201.4.

[4] Id.

[5] N.Y. Comp. Codes R. & Regs. tit. 9, 2201.4(b)-(c).

[6] Rent Stabilization Law §26-511 [c] [5-a].

[7] Altman v. 285 W. Fourth LLC, 2018 NY Slip Op 02829.

 

[8] Id. at 6.