Tag Archives: real estate law

Tempe ‘squatter’ loses in court again as judges affirm lower-court ruling that case lacks merit


Steve Sussex gives a tour of the property his family has occupied for 137 years on the corner of First Street and Farmer Avenue. Sussex is in a dispute with Tempe over rights to the parcel. Ben Moffat/azcentral.com

A Tempe man whose family has squatted in a century-old house on valuable property near downtown has again lost a court decision in his ongoing battle to keep his land.

A three-judge panel from the Arizona Court of Appeals said last week that a Superior Court judge was correct in tossing out Steve Sussex’s case against the city of Tempe because it had no legal merit.

But the man’s 12-year turf war remains far from resolved. Though Sussex can’t prove he rightfully owns the land, the city has so far failed in its effort to oust him. The case — and the land — remain in limbo.

Sussex’s attorney, Jack Wilenchik, said Monday he would appeal to the state Supreme Court. A separate court case, with Tempe asking a court to remove Sussex from the property, is still pending at the Superior Court level.

Wilenchik has fought the city’s move to eject Sussex, arguing in a counterclaim that there are problems with the city’s claim to title as well.

“I haven’t been able to get him title to the land, but the city hasn’t been able to eject him, either,” Wilenchik said. “So it’s been the same as its been for the last 120 years.”

Full Read – http://www.azcentral.com/story/news/local/tempe/2017/03/06/tempe-squatter-loses-court-again-judges-affirm-lower-court-ruling-steve-sussex/98820154/

 

Manhattan judge asked to determine if rent guidelines should be based on tenant affordability

For some tenants, the rent is still “too damn high” — but is that something the city’s Rent Guidelines Board can consider when it decides just how high rents can go for more than 1 million rent stabilized apartments?

That is what a Manhattan judge has been asked to determine by landlords who argued Tuesday that tenant affordability is not a factor that the board can weigh when it sets rent increases each year.

“Affordability is not the be all and end all of the rent stabilization law,” Jeffrey Turkel, the lawyer for the Rent Stabilization Association, a landlord group, told Manhattan Supreme Court Justice Debra James.

The RSA has asked the judge to rule that the board was “arbitrary and capricious” in 2015 and 2016 for even considering tenant affordability when it decided to freeze rents for stabilized tenants renewing their leases.

Full Article – http://www.nydailynews.com/new-york/manhattan/landlords-don-rent-guidelines-based-tenant-paychecks-article-1.2960656