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September 2017 -- Michelle Itkowitz Updated and Re-Recorded a 7-Part CLE Series for Lawline, "Landlord and Tenant Litigation in New York"

Michelle Itkowitz is updated and re-recording a 7-Part continuing legal education series for Lawline, "Landlord and Tenant Litigation in New York"This program is as valuable for (if not more valuable for) tenant attorneys as it is for landlord attorneys, because Michelle represents both.

In Session 1, the student is introduced to the landlord and tenant field and taken 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. A myriad of legal and factual issues need to be examined, understood, and dealt with in order to bring a winnable case on behalf of a landlord. If you are representing tenants, this is the class where you will learn about some great defenses. 

In Session 2, the student will learn to initiate Summary Proceedings for the Recovery of Real Property pursuant to the Real Property Actions and Proceedings Law, and will learn how to successfully prosecute (or defend) the case through motion practice and trial. In this session, we will also cover how to think strategically about these cases to obtain desired objectives. 

In Session 3, we explore the things that come toward the end of a landlord and tenant matter, although last does not make these important issues least. We will be exploring the many routine and specialized clauses of a stipulation of settlement, the intricate details that surround an eviction, how to make a motion for attorney’s fees, and the appellate process, including stays pending appeal. 

Commercial landlord and tenant law is sophisticated commercial litigation and needs to be approached as such. In this session, we examine the many commonly litigated issues in commercial landlord and tenant law, delving into the many subtleties that make the area particularly challenging, including Yellowstone Injunctions and Good Guy Guaranties.

Residential landlord and tenant law is, in many ways, a more difficult area of law than commercial landlord and tenant law. This is so because many of the 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. We approach this session from the point of view of myth-busting, and track a standard residential lease and point out all the rights that a residential tenant actually has and that a landlord of a residential premises must respect and be mindful of. 

Rent Stabilization is one of the most misunderstood areas of real property law. In this session we begin by answering the fundamental question of – How do I know if a tenant is Rent Stabilized (or not)? This is a very important question in this era of rampant illegal deregulation. If the tenant is Rent Stabilized, we explain what that means for the landlord and for the tenant.

This session takes us through the most common possibilities for evicting a Rent Stabilized Tenant. As always, those defending such tenants will find a wealth of information here as well.

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