Attorney Barry S. Schwartz, New York, New York

Nature of Practice

All phases of residential and commercial landlord-tenant litigation. On the owner’s side, commencement and prosecution of commercial and residential nonpayment and holdover proceedings, including proceedings based upon non-primary residence, owner occupancy, subletting/assignment, nuisance, unauthorized alterations, inadequate insurance, etc; defense of tenant initiated (HP) actions, 7A proceedings, heat/hot water litigation commenced by HPD, defenses of all proceedings commenced by HPD; defense of Yellowstone injunction actions, collections, and most all litigation associated with the ownership and rental of real property; defense of traverse hearings.

On the tenant’s side, defense and prosecution of claims compelling repairs, damages for breach of warranty of habitability, actual, partial and constructive evictions, unlawful evictions; prosecution of Yellowstone injunctive actions, assertion of appropriate jurisdictional defenses where necessary; defense of non-primary residency, owner occupancy proceedings; prosecution of 7A proceedings; overcharge and illusory tenancy claims; prosecution of traverse hearings.

  • Representation of HDFC’s, TIL buildings, 7A administrators, receivers, tenant associations.
  • All aspects of residential rent regulation: rent control, rent stabilization, Section 8, Mitchell Lama, Section 217, ETPA, etc.
  • Appeals to the Appellate Terms and Appellate Divisions; Article 78 proceedings challenging orders of City or State agencies.
  • All phases of real property litigation including, but not limited to, actions in ejectment, partition, specific performance, rescission, reformation, nuisance, rent collections, declaratory judgments, breach of lease, prosecution and defense of mortgage foreclosures.
  • Negotiations of scores of commercial leases on behalf of restaurants, retail merchants, garment center wholesale showrooms, law firms, factories, franchise owners, nightclubs, and other businesses
  • Representation of purchasers and sellers of private homes, cooperative apartments, condominium units, multifamily dwellings from 3 to over 250 units, industrial parks, office buildings, factories, vacant land, farms and country estates.
  • All phases of representation of owners of small businesses, from incorporation to dissolution, including the purchase and sale of a business, shareholder and membership agreements,
  • General counsel to conventional, Federal, City and State Mitchell-Lama housing cooperatives
  • General litigation counsel to real estate management companies
  • Representation of dissolving small law firms and litigation of claims arising therefrom
  • Representation of claimants and respondents before the General Arbitration Council of the Garment Center Trades, American Arbitration Association
  • Representation of owners and contractors before the Construction Division of the American Arbitration Association
  • Litigation of commercial disputes between small businesses
  • Litigation compelling defense, indemnification and damages against insurance carriers
  • Litigation before administrative agencies of the City and State of New York, such as NYC Dept. of Housing, Preservation & Development, NYS Division of Housing & Community Renewal, NYC OATH, NYC ECB.
  • General counsel to one of the single largest owners of IMD loft buildings in NYC; representation of owner before the NYC Loft Board