Alan D. Kucker
Mr. Kucker is a partner who co-founded the K&B firm in 1984. As a senior attorney, his legal practice is concentrated in the following practice areas: real estate law (commercial and residential), residential and commercial landlord and tenant law, commercial lease disputes, contract law, commercial law, formulation and enforcement of ordinary and extraordinary business agreements, civil litigation (standard and complex civil actions), administrative law, administrative proceedings regarding Fire Department so-called "Letters of Defect", Violation Orders, remediation and Letters of Approval, zoning law and land use, NYC Building Department administrative proceedings, Manhattan Community Board housing and zoning hearings, debtor-creditor law and enforcement of monetary judgments. He is a recognized leader in the field of landlord-tenant substantive law and dispute resolution, and frequently is called upon by other attorneys to lend his expert advice and support.
Mr. Kucker began his career practicing administrative law, focused on administrative procedures. Prior to founding K&B, Mr. Kucker was a Senior Supervising Attorney at the agency known as the New York City Conciliation and Appeals Board ("CAB") and its successor, the New York State Division of Housing and Community Renewal ("DHCR"). His legal acumen includes an intimate understanding of the rules and regulations of the New York City Department of Housing Preservation and Development ("HPD"), and administrative proceedings in the DHCR and in the HPD.
Mr. Kucker is admitted to practice in all trial and appellate courts in the state of New York. He has successfully argued before many appellate courts, including the New York Court of Appeals. Prior results do not guarantee a similar outcome. He is a member of the Assoc. of the Bar of the City of New York, New York State Bar Assoc., and New York County Lawyers Association ("NYCLA"), and a member of the Judiciary Committee of the NYCLA.
As an attorney whose practice concentration includes rent regulation and administrative law, Mr. Kucker's accessibility to clients enables them to be well informed of changes in the law in addition to the current status of their cases. He has accumulated vast knowledge and experience regarding the customary practices, duties and responsibilities of real estate brokers related to the contents of residential leases for apartment units located in New York City. He is a regular contributor to the New York Law Journal, New York Times, Apartment Law Insider and Landlord v. Tenant. He has appeared on television and on radio as a recognized expert in landlord and tenant law.
The articles authored by Mr. Kucker which have been published in the New York Law Journal include the following:
- Law on Tenancies in Lofts Unsettled (May 19, 2003) (co-authored by A.Bittens)
- Discovery Controversies in Summary Proceedings (Mar.20, 2000)
- Federal Courts Restrict Landlords' Ability to Collect Unpaid Rent Under Fair Debt Collections Practices Act (Mar.23, 1998) (co-authored by S.Bruh; assisted by A.Bittens)
- Should Rent Deposits be Required for Tenants? (Sept.22, 1997)
- Can Landlords Discriminate On the Basis of Occupation? No Prohibition Under Federal Law (June 9, 1997)
- Should Rent Regulation be Abolished? (Feb.6, 1997) (co-authored by J.Marino)
- Mandatory Rent Deposits? Tenants Use Delaying Tactics to Gain Edge in Current System (Mar.11, 1996)
- Rent Overcharge Claims by New York City Tenants; Who Presides Over Disputes? (Sept.25, 1995)
Reported cases in which Mr. Kucker has appeared include: Heller v. Mirabal, 72 N.Y.2d 784, 533 N.E.2d 1045, 537 N.Y.S.2d 16 (1988) [rent stabilization law, horizontal multiple dwelling]; Kwong v. Eng, 183 A.D.2d 558, 583 N.Y.S.2d 457 (1st Dep't 1992) [landlord-tenant, authority to sign notices]; Britton v. Yazicioglu, 189 A.D.2d 734, 529 N.Y.S.2d 737 (1st Dep't 1993) [landlord-tenant, illegal alterations].
Significant unreported decisions include: Herma Stribula v. 210 E.86th St. Corp. (Sup.Ct. N.Y.Co. Index No. 118478/06 [York, J., December 13, 2006]) [obtained temporary restraining order which protected a property owner from a trespass on his land by Consolidated Edison (a public utility) that imperiled the value of his residential apartment building, and exposed the owner to potential future lawsuits by tenants and passersby seeking catastrophic damages; substantial step toward the recognition of beneficial rights arising from the reciprocal burden placed on landlords concerning sidewalk responsibility].
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