Michael 2

Contact

Michael P. Kozek founded Ween & Kozek with the goal of providing dedicated, high-quality representation to tenants, artists, and entrepreneurs. Mr. Kozek’s practice highlights real estate, trusts and estates, and art law.

Mr. Kozek’s approach to litigation incorporates vigorous advocacy and application of the law, and the crafting of creative, yet rational and policy-driven arguments that impact the development of the law and future cases.

As a litigator, Mr. Kozek practices in the New York State Court of Appeals, Appellate Division, Appellate Term, Supreme Court, and Surrogate's Court, the New York City Civil Court, Housing Court, as well as administrative proceedings before the New York State Division of Housing and Community Renewal, the New York City Loft Board, the New York City Office of Administrative Trials and Hearings, the New York State Division of Human Rights, the New York City Environmental Control Board, the Board of Standards and Appeals, and the Department of Housing Preservation and Development.

Mr. Kozek handles all aspects of litigation through trial and appeal, including pre-litigation strategy development and litigation preparation, drafting of initiating documents, discovery, pretrial motions, settlement negotiations, trial, and briefing and arguing of appeals.

Mr. Kozek has represented numerous tenants in landlord-tenant disputes, defending tenants from eviction, seeking rent regulation protection under Rent Control, Rent Stabilization and the Loft Law, and recovering damages for rent overcharge. He represents loft tenants, seeking Loft Law protection, and advising and representing them in the complex processes of legalization and transition to rent stabilization under the Loft Law.

Mr. Kozek’s real estate transactional practice has included regular handling of real estate purchases and sales, representation of cooperative and condominium boards, and conversion of real property to condominium or cooperatives through the drafting and filing of an offering plan or application for a no-action letter from the New York State Attorney General.

Mr. Kozek is a graduate of Brooklyn Law School, where he was a member of the Moot Court Honor Society, participant in the Philip C. Jessup International Law Moot Court Competition, and CALI award winner. While attending law school, Mr. Kozek served as a judicial intern for Hon. Gerald Lebovits, of the Civil Court, New York County, during which time he contributed research for an article entitled Drug Holdover Proceedings: An Overview From "Knew " to "Should Have Known," to "Strict Liability", authored by Hon. Lebovits and Douglass J. Seidman, and published in the New York Real Property Law Journal.

NOTABLE CASES:

  • American Package Company, Inc. v. Benjamin GleitzmanUnreported, Civ. Ct., Kings Co., Housing Part E, Index No. 96702/16 (Hon. Thomas M. Fitzpatrick, Feb. 15, 2017) (in holdover eviction proceeding commenced on the basis that no lease existed between landlord and tenant because tenant did not pay full security or rent under the lease, court dismisses proceeding finding tenant has an enforceable contract where there is no dispute tenant signed the lease, landlord delivered it to tenant fully executed, and respondent was already in possession of the premises).
  • Matter of Tenants of 79 Lorimer Street, OATH Index No. 1020/16 (March 23, 2017) (after hard fought trial, obtains a recommendation of Loft Law coverage and protected occupant status for tenants)
  • Matter of Redsky JZ Roebling, LLC, Loft Board Order No. 4610 (Jan. 19, 2017) (denying landlord's application for decoverage of IMD unit where landlord made no effort to legalize unit)
  • Wang & Associates, LLC v. Location, Location, Location, 2016 WL 6561318, (Civ. Ct., NY Co., Housing Part, July 21, 2016) (dismissing nonpayment eviction proceeding with prejudice on the grounds that the building lacks a certificate of occupancy as required by the Multiple Dwelling Law)
  • Momart Discount Store Ltd. v. Rossi, 2016 WL 6567058, 2016 N.Y. Slip Op. 32165(U) (Civ. Ct., NY Co., Housing Part, July 18, 2016):  http://www.courts.state.ny.us/Reporter/pdfs/2016/2016_32165.pdf (granting tenant's motion for a stay pending outcome of Loft Board proceedings, and refusing to condition the stay on the payment of use and occupancy given the lack of a certificate of occupancy for the building)
  • 49 Bleeker, Inc. v. Gatien, 51 Misc.3d 152 (A), 2016 N.Y. Slip Op. 50880 (U) (App. Term, 1st Dep't, 2016) : https://www.courts.state.ny.us/reporter/3dseries/2016/2016_50880.htm
  • Matter of Stathis, OATH Index No. 0347/15 (July 12, 2016): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-347.pdf (obtaining a recommendation of Loft Coverage and protected occupancy after an inquest hearing).
  • Matter of Blessing, OATH Index Nos. 2313/15, 011/16, 0012/16, 0013/16, 0014/16, and 0015/16 (July 11, 2016): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-2313md.pdf (obtaining partial summary judgment stating that the building is an IMD).
  • Matter of Gatien, OATH Index Nos. 2121/13, 1033/14, and 2233/14 (May 13, 2016): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/13_cases/13-2121.pdf (obtaining a recommendation of Loft Coverage after trial holding that Petitioners are protected occupants).
  • Warren Murray Prop. Owner, LLC v. Hexner, 2016 NY Slip op 50306 (U), 2016 WL 1060805 (Civ. Ct., NY Co., 2016): https://www.courts.state.ny.us/reporter/3dseries/2016/2016_50306.htm (obtains stay of eviction proceeding pending outcome of contested Loft Board proceeding);
  • Matter of 657-665 Fifth Avenue, OATH Index Nos. 1278/14, 1279/14 & 1280/14 (Oct. 30, 2015): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1278MD.pdf (obtains recommendation that prior rent regulation of a unit does not preclude it from counting for coverage under the Loft Law), incorporated by reference in Matter of 657-665 Fifth Avenue, OATH Index Nos. 1278/14, 1279/14 & 1280/14 (Dec. 14, 2015)  (obtains recommendation of Loft Law coverage on summary judgment motion): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1278.pdf
  • Matter of Ukai, OATH Index Nos. 1394/14 & 1220/15 (Oct. 20, 2015) http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1394.pdf (obtains recommendation of Loft Law coverage after trial; ALJ rejects application of primary residence standard to determining protected occupant status, but holds that even if applied, one of the applicants is protected)
  • Matter of Doris, OATH Index Nos. 2542/14 & 2543/14 (July 10, 2015) (holding that lot line windows do not preclude Loft Law coverage): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-2542.pdf
  • Matter of Kusyk v New York City Dept. of Bldgs., 130 A.D.3d 50913 N.Y.S.3d 431 (2015): http://law.justia.com/cases/new-york/appellate-division-first-department/2015/112036-11-13165-13164.html (holding that certificate of occupancy for former Loft Law building should be amended to reflect tenants’ legal use of their apartment)
  • Matter of Behlke, OATH Index No. 153/15 (Nov. 12, 2014), adopted in part, remanded, Loft Bd. Order No. 4348 (Jan. 15, 2015) (holding that Loft Law filing deadline does not apply to claims for protected occupant status): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/15_cases/15-153.pdf
  • Matter of Gallo, OATH Index No. 2401/13 (Oct. 10, 2014), adopted in part, rejected in part, Loft Board Order No. 4349 (Jan. 15, 2015): http://archive.citylaw.org/wp-content/uploads/sites/17/oath/13_Cases/13-2401.pdf (obtained, after trial, Loft Law coverage for a three floor building in DUMBO)
  • Herrera v. Rossmil Assocs., L.P., 2014 WL 3421056 (N.Y. Sup.) (Trial Order) (Sup. Ct., NY Co., 2014) (holding that, in connection with tenants’ group rent overcharge action, landlord was stayed from commencing any eviction proceedings against tenants and that tenants did not have to sign any renewal leases pending outcome of lawsuit)
  • Herrera v. Rossmil Assocs., P., 2015 WL 740899 (N.Y. Sup.) (Trial Order) (Sup. Ct., NY Co. 2015) (holding that pursuant to RPL § 234, landlord may be liable for tenants’ attorneys fees incurred in connection with group rent overcharge action)
  • Matter of Tenants of 107-109 West 28th Street (2014) (negotiated landmark settlement of a threatened DHCR demolition proceeding resulting in $5.2 million buyout of four rent stabilized tenants)
  • Matter of 135-139 Plymouth St., OATH Index Nos. 1871/12-1896/12, 1898/12-1901/12, 1053/13-1054/13, 1409/13 (Feb. 5, 2013) (granting contested motion to withdraw Loft Board coverage application without prejudice): http://archive.citylaw.org/oath/12_Cases/12-1871.pdf
  • Stellweg v. Welch, 2013 WL 6702832 (Sup. Ct., NY Co., Dec. 13, 2013) (holding that co-tenant was required to pay tenant portion of rent arrears and ongoing rent): http://law.justia.com/cases/new-york/other-courts/2013/2013-ny-slip-op-33157-u.html
  • Paragon Imaging Group, Ltd v. Scandia Realty Ltd. Partnership, 2013 WL 6902212, 2013 N.Y. Slip Op. 33281 (U) (Sup. Ct., NY Co., 2013): http://law.justia.com/cases/new-york/other-courts/2013/2013-ny-slip-op-33281-u.html
  • DiCostanzo v. Jeffrey Ween & Assoc., 35 Misc.3d 148 (A), 954 N.Y.S.2d 758 (App. Term, 2d Dep’t, 2012) http://law.justia.com/cases/new-york/appellate-term-second-department/2012/2012-ny-slip-op-51080-u.html
  • Tribeca 103 LLC v. Torreano and Panas,  2012 WL 12524201 (Civ. Ct., NY Co., 2012) (dismissing failure to renew rent stabilized lease holdover on grounds that Rent Guidelines Board long term vacancy allowances to not apply to former Loft Law units)
  • Matter of 22 CPS Owner, LLC, DHCR Admin. Rev. Dkt. No. YJ410031RO (Jan. 13, 2012) (holding that luxury deregulation under the Rent Stabilization Law is inapplicable to tenant who became stabilized solely by virtue of the receipt of J51 tax benefits)
  • 22 CPS Owner LLC v. Carter, 84 A.D.3d 456 (1st Dep't, 2011)
  • Green 333 Corp. v. Kwinter, 27 Misc.3d 1225 (A) (Civ. Ct., NY Co., 2010) (dismissing holdover petition for failure to sign an initial lease upon transition of tenant's apartment from Loft Law to Rent Stabilization Law coverage on the grounds that the Rent Stabilization Code does not permit eviction for refusal to sign an unlawful initial lease)

PRESS:

Television:

Radio:

  • Loft Law and Order, Bel-Air, with Giovanni Muniz: MP3

Publications:

Mr. Kozek is a regular contributor to the New York Times “Ask Real Estate” column:

Mr. Kozek maintains a blog (nyctenantlawyer.blogspot.com) posting articles regarding real estate litigation and tenant advocacy, wherein he has published several articles relating to such issues as the 2010 amendment to the New York City Loft Law, and the 2011 extension of the rent regulation laws.

Mr. Kozek is a regular volunteer at the Housing Conservation Coordinator's free Monday night legal clinic, and as a member of the Volunteer Lawyers for the Arts has represented numerous artists pro bono.

Areas of Practice

  • Loft Law
  • Real Estate Law
  • Landlord-Tenant Law
  • Art Law
  • Trusts & Estates
  • Foreclosure Defense
  • Land Use & Zoning

Attorney Admissions

  • New York, 2009

Education

  • Brooklyn Law School, Brooklyn, New York - 2009
    • Honors: Member, Moot Court Honor Society
    • Honors: 2008 Philip C. Jessup Int'l Law Moot Court Competition & CALI Award Winner

Professional Associations & Memberships

  • New York State Bar Association, Real Property Law Section, Member
  • New York County Lawyers Association, Real Property Law Section, Member
  • American Bar Association, Member
  • New York City Bar Association, Member
Ween & Kozek