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- Housing; housing law; housing court; landlord; tenant; summary eviction proceedings; Fair Debt Collection Practices Act; implied warranty of habitability; clean hands requirement; right to counsel; prefiling alternatives; notice to quit; serial eviction filings (1)
- Judicial deference; landmark; historic district; preservation; Landmarks Preservation Commission; LPC; New York City; Grand Central Terminal; New York Landmarks Law; Penn Central Transportation Company v. The City of New York; Real Estate Board of New York; REBNY; historic preservation; zoning; Article 78; hard look approach; arbitrary and capricious standard; certificate of appropriateness; gentrification; housing shortage; housing crisis; regulatory capture; urban development; landmark demolition (1)
- Land use; New York eminent domain; New York takings; Uniform Land Use Review Procedure; ULURP; Penn Station; Goldstein v. N.Y. State Urban Development Corp; Kelo v. City of New London; community board; redevelopment; city planning; eminent domain; Eminent Domain Procedure Law; EDPL; community review; General Project Plan; public purpose; City Council; judicial review (1)
- NFTs; Art Securitization; Money Laundering; Pandora Papers; Tax Avoidance; Tax Evasion; DAPT; Freeports; Free-Zones; Self-Titled Trusts; Selfsettled Trusts; Art Collections; Howey; Howey Test; High-Value Art; Wealth Inequality; Inequality; UNESCO; Tax Loopholes; Auction Houses; Art Dealers; Looting; Antiquities; Cultural Heritage; Commerce Power; Taxing and Spending Power (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Brooklyn Law Review
This note explores how landlords use housing court as a debt collection tool, impacting the rights of tenants and their ability to fairly adjudicate claims in summary eviction proceedings. Disparities in the number of evictions that are filed, as compared to evictions that are ultimately executed, indicate that landlords do not always use eviction proceedings to kick out a tenant, but rather as a method of debt collection. Using these proceedings in this manner affects a tenant’s ability to defend against eviction, even when the tenant has meritorious claims that their landlord did not provide a habitable apartment. This note …
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Brooklyn Law Review
The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …
Democratizing New York’S Eminent Domain Regime, Gregory Wagner
Democratizing New York’S Eminent Domain Regime, Gregory Wagner
Brooklyn Law Review
Since the Supreme Court’s landmark eminent domain decision in Kelo v. City of New London, forty-three states have amended their eminent domain laws to constrain their own eminent domain powers. New York, however, was not one of them. In Goldstein v. N.Y. State Urban Development Corp., New York’s highest court decided firmly in favor of the state’s broad eminent domain powers, yet counseled New York lawmakers to act to legislatively limit the state’s unbridled eminent domain authority. Again, New York did not do so—allowing an eminent domain regime that leads to systemic deprivation of public participation to remain fully in …
Balancing Preservation With Growth: How Less Judicial Deference To Decisions Made By The Landmarks Preservation Commission Can Save New York City, Amy Cushman
Brooklyn Law Review
The New York City Landmarks Law of 1965, envisioning the preservation of historical treasures, empowered the New York City Landmarks Preservation Commission (LPC) with the authority to designate and regulate landmarks and historic districts. Originally established in response to public outcry over the loss of iconic architectural structures, the LPC aimed to safeguard the city's cultural, social, and architectural legacy. However, this note contends that recent LPC decisions, particularly the issuance of Certificates of Appropriateness for luxury residential construction involving partial demolition of landmarks, betray the original preservation goals. Delving into the legal recourse available under the New York Civil …