Tel: 516-535-1700, x124

Niles C. Welikson is the senior and co-founding member of Horing Welikson Rosen & Digrugilliers, P.C. He is chairman of the firm’s litigation and appellate departments and actively practices in those areas.

Niles has over forty years’ experience in both trial and appellate practice regarding landlord-tenant summary proceedings and appeals as well as in the representation of the firm’s clients in numerous other types of contractual litigation. He successfully represented owner interests as amicus curiae before the Court of Appeals on behalf of the Black and Latino Property Owners Coalition and the Small Property Owners of New York (SPONY) in the landmark determination Brusco v. Braun, which obviated the need for inquests in nonpayment proceedings where tenants defaulted. In addition, he was counsel for the Community Housing Improvement Program (“CHIP”) as amicus curiae before the Court of Appeals in Grimm v. NYS DHCR wherein the Court placed a limitation on a prior exception to permitting the review of rent histories pre¬dating four years from the filing of a rent overcharge complaint. He was also owner’s appellate counsel in JRD Management Corp. v. Eimecke, an Appellate Division ruling that DHCR was required to use post April 1, 1984 record keeping limitations encompassed by the Omnibus Housing Act of 1983 with respect to rent overcharge complaints filed prior to the effective date of that act, which case, according to a DHCR filing, may have affected as many as 30,000 then pending administrative proceedings. He has prevailed on many other appeals as well as in his capacity as lead counsel on numerous jury and bench trials in the Federal, Supreme, and Civil Courts.

Recently, Niles successfully represented the owners in two extremely significant appeals to the Appellate Division, First Department. In Regina Metropolitan Co. v. NYS DHCR the Court ruled in favor of the owner that rent calculations were required to start from the base date four years prior to the commencement of a rent overcharge proceeding. In that matter, the subject apartment was treated as deregulated during the receipt of J-51 benefits and then re-regulated due to the Roberts v. Tishman Speyer Court of Appeals ruling. In Alston v. Starrett City, Inc. the Court ruled in favor of the owner that it was not source of income discrimination to refuse a governmental subsidy that limited the rent that could be charged.

In addition to being a frequent source for articles in both the Rent Stabilization Association and CHIP newsletters as well as for the Apartment Law Insider, Niles has lectured on numerous occasions, including for CLE Programs sponsored by the New York and Queens County Bar Associations on landlord-tenant law, litigation and related appellate practice as well as for the Rent Stabilization Association and CHIP on various matters pertaining to the legal representation of landlords. He is also a former judicially appointed member of the Housing Court Advisory Council, which is instrumental in the appointment of judges in the Housing Part of the Civil Court and he is a member of the Advisory Boards of the Community Housing Improvement Program (“CHIP”) and the Apartment Law Insider (ALI).