In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant law. Alex shares insights from his recently published article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Do Tenants Have to Pay if They Want to Stay?”, which appeared in The New York Law Journal's Landlord-Tenant Column on February 5, 2025.

During the conversation, Alex and Dave talk about what landlords can do in situations where a tenant, either residential or commercial, is unwilling or unable to pay rent. They discuss the process of obtaining a court order asking tenant to pay Use and Occupancy, and also scenarios in which the tenant fails to abide by the court order. They stress the importance of getting legal counsel in such matters as well.

Alex M. Estis handles all matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court.

For any questions related to this episode, contact Alex M. Estis at aestis@rosenbergestis.com or (212) 551-1204.

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This episode of Inside R&E, moderated by Dave Lorenzo, Founder of Exit Success Lab, features Richard Y. Im, a Member in R&E’s Litigation Department, and Jason C. Bergman, Vice President & Senior Underwriting Counsel at Benchmark Title Agency LLC. The attorneys share valuable insights on Deed-in-Lieu and its pros and cons for borrowers as well as lenders. They also discuss the various risks and considerations associated with Deeds-in-Lieu.

During the conversation, Richard and Jason talk to Dave about what a Deed in Lieu of Foreclosure is, how the process is initiated and elaborate on its benefits as well as drawbacks to both borrowers and lenders. Additionally, Richard and Jason also provide useful pointers on transfer taxes associated with a Deed in Lieu transaction, the risks associated with it for the title industry, and the resulting title requirements to guard against such risks. They also share their perspectives on why it is important to consult with an attorney when considering proceeding with a Deed in Lieu.

Richard Y. Im concentrates his practice on complex commercial litigation, with a particular focus on creditors' rights and real estate disputes. He has extensive experience in all aspects of real estate litigation including commercial foreclosures, lender liability claims, title issues, priority disputes, mechanic's liens, contract and joint venture disputes, construction claims, access agreements, brokerage matters and other issues. He also represents lenders, borrowers and investors in loan workouts, restructurings and modifications and the purchase and sale of distressed debt.

Jason C. Bergman has nearly two decades of experience in the real estate/title insurance industry. He has extensive experience in assessing and mitigating risk in complex transactions and ambiguous situations, and is recognized as an industry leader in insuring foreclosures and distressed assets. He is a A fellow of the American College of Mortgage Attorneys (ACMA) and was also awarded the CRE® credential by the Counselors of Real Estate.

For any questions related to this episode, contact Richard Y. Im at rim@rosenbergestis.com or (212) 551-8435. Jason C. Bergman can be reached at jbergman@benchmarkta.com or (516) 426-5670.

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In this episode of Inside R&E, Justin S. Weitzman, a Counsel in the firm's Litigation Department, invites Bill Weidner, Managing Member at KeepMyGas, to share valuable insights, statistics and more regarding the 1st 4-year cycle of LL152 and what law firms, building owners and property managers can expect in cycle 2 from 2024 to 2027.

During the conversation, Bill and Justin discuss the basics of Local Law 152, preparing for the cycle year, the process of getting inspected, deadlines, tenant access, documents and breaches, to get property and business owners to the finishing line with this compliance. Bill also provides various resources to educate and understand LL152 and keep up to date with it.

Justin Weitzman's litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. Weitzman also has significant experience in handling employment-related disputes and various complicated tort cases.

As the co-founder of KeepMyGas, LLC, Bill leads a top-tier consultancy specializing in compliance with NYC's Local Law 152 for Gas Piping Inspections. Bill is also the creator and host of the Realty Speak® Podcast, where since 2018, he has been sharing invaluable real estate insights with a vast network across the real estate, construction, and technology sectors.

For any questions related to this episode, contact Justin S. Weitzman at jweitzman@rosenbergestis.com or (212) 551-1261. Bill Weidner can be reached at Bill@keepmygas.nyc or (917) 232-8529.

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