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Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Nonsolicitation And Cease And Desist Orders Against Real Estate Brokers In New York, Aba Heiman
Fordham Urban Law Journal
This Article will trace the origin, growth and enforcement of nonsolicitation and cease and desist orders. Part II outlines the federal framework for dealing with discriminatory practices by real estate brokers. Section A focuses on "steering" the target of cease and desist orders-and illustrates the dilemma of both the victims and the brokers. Section B details blockbusting-the target of nonsolicitation orders. In discussing its genesis, financial operation, and sociological implications, this section also considers whether solicitation by brokers constitutes "commercial speech" protected by the first amendment. Section C briefly explores the effectiveness of section 1982 of the Civil Rights Act …
Converting Nonpayment To Holdover Summary Proceedings: The New York Experience With Conditional Limitations Based Upon Nonpayment Of Rent, Stephen Ross
Fordham Urban Law Journal
This Article examines the development in New York law of both the landlord's right to terminate a lease for a tenant default and the tenant's right to preserve his tenancy by curing a rent default. It finds that, despite some cases to the contrary, case law in New York favors the landlord's reserved right to terminate over the tenant's historic right to cure, at least as to commercial tenancies." It concludes that, in both residential and commercial tenancies, landlords should not have this termination right' and that the legislature should enact appropriate legislation to achieve that objective. Part II of …
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Clearing The Air On Radon Testing: The Duty Of Real Estate Brokers To Protect Prospective Homebuyers, Sheldon Winicour
Fordham Urban Law Journal
This Note recommends that the federal government create legislation that will impose a duty on real estate brokers to test homes for radon and to disclose the results to prospective purchasers. Based on a common law negligence theory, such a duty would become part of the current obligation of a real estate broker: (1) to conduct a reasonably diligent and competent search of property for sale; and (2) to disclose to prospective homebuyers all material defects affecting the value or desirability of the home. In his investigation, the broker must use the expertise and knowledge that derive from his training …