Owners of New York City apartment buildings should take notice of the new Tenant Data Privacy Act (the TDPA). The TDPA will regulate the collection, use, safeguarding, and retention of tenant data by owners of "smart access" residential buildings. The new law was enacted on May 30, 2021, and will become effective at the end of June 2021. Owners of New York City residential buildings will have until January 1, 2023, to come into compliance. [...]
You are entering a major construction contract. You want to make sure you avoid a big damages claim to the extent you can. One of the typical contract clauses that comes to mind is one for a mutual waiver of consequential damages. You get it included in your contract and you breathe a sigh of relief: I've got that one covered. But, ... do you? Does your mutual waiver of consequential damages have holes in [...]
On April 14, 2021, U.S. District Judge Joanna Seybert dismissed a lawsuit filed by a group of five landlords against Attorney General Letitia James ("AG James") in the Eastern District of New York (Chrysafis, et al. v. James, Case No. 2:21-cv-00998-JS-ARL). As we highlighted in our March 4, 2021 alert, the suit challenged Part A of New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the "Act") on constitutional free speech and due process grounds. While the legislation also halts residential [...]