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Property Law and Real Estate

Journal

Property law

Fordham Law School

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo Jan 1998

Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo

Fordham Urban Law Journal

This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.


Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp Jan 1981

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …


Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp Jan 1981

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …