Richard J. Shore

/My focus

I have extensive experience with the Martin Act—New York’s blue sky law, the New York Executive Law, cooperative and condominium law, commercial lease disputes, construction disputes and the rent stabilization laws and regulatory requirements governing NY residential properties. I handle litigations, government investigations, dispute resolution, and regulatory compliance matters.

I rely on my experience from both the private sector and public sector, having the privilege of leading investigations and enforcement proceedings under New York’s Business Corporation Law, General Business Law, and the Executive Law as an assistant attorney general in the enforcement section of the Real Estate Finance Bureau at the New York State Attorney General’s Office, as well as working on the other side of the aisle where I regularly help clients interface, resolve and challenge government inquiries, investigations, and enforcement proceedings. My practice also includes extensive experience in New York State and Federal Courts, arbitration, and mediation, with construction, commercial lease, coop and condo, and real estate contract disputes.

/Representative experience

• Represented multi-family housing providers in investigations and enforcement proceedings brought by New York State Attorney General and DHCR related to alleged rent stabilization violations and violations of executive law
• Represented condominium and cooperative sponsors in New York State Attorney General investigations and enforcement proceedings relating to alleged Martin Act and Executive Law violations
• Represented condominium sponsors in construction defect disputes with condominium boards
• Represented religious organizations and non-profits in Non- Profit Law section 510 and 511 sales of property/substantially all of assets before the New York State Attorney General and in court
• Represented non-profit homeless shelter in successful Article 78 challenge to revocation of 421-a tax benefits: In re Promesa Foundation, Inc. v. NYC HPD 2025 WL 3541779, Index No. 151868/2025 (Sup. Ct. N.Y. Cnty. 2025)
• Represented public authority in construction dispute in enforcement of roof warranties, resolved through settlement and mediation
• Represented religious organization in litigation relating to construction dispute with developer and construction company
• Represented religious organization in RPAPL section 1931 litigation successfully discharging of ancient mortgage
• Represented condominiums and developers in RPAPL section 881 access disputes
• Represented landlords in City and State Human Rights housing discrimination claims
• Represented commercial real estate landlords in ejectment, holdover, and non-payment proceedings brought against tenants for failure to pay rent
• Represented hospital, dental, retail, office, and restaurant tenants in commercial lease disputes
• Represented commercial landlord in illegal lockout case brought by sub-tenants in New York housing court and obtained a warrant of eviction and judgment for use and occupancy against sub-tenants where master lease had terminated
• Represented sponsor of cooperative in dismissing damages claims related to transfer of resident manager unit
• Investigated 421-a tax violations resulting in hundreds of thousands of apartments coming into compliance and millions of dollars of restitution
• Brought first-of-its-kind litigation dissolving a NY corporation under the Business Corporation Law
• Led investigations and obtained multi-million dollar settlements under the Martin Act and Executive Law
• Brought consumer fraud claims resulting in $12 million in restitution and injunctive relief against billion-dollar fantasy sports companies
• Defended Italian and English clients in $70+ million lawsuit in the SDNY in relation to the aborted sale of the largest privately owned collection of antique Greek and Roman sculptures
• Dismissed claims against Israeli manufacturer in EDNY litigation involving alleged trademark infringement
• Represented developer in construction defect litigation against builders of 120-unit student dormitory
• Represented landlord in Yellowstone action and obtained summary judgment in lease dispute resulting in a multi-jurisdiction settlement
• Represented holder of unsold shares of hundreds of units in dispute with board in middle-market Queens cooperative
• Defended retail tenant in lease dispute resulting in case dismissal after premise destroyed during the September 11 terrorist attacks
• Defended managing member of developer in LLC dispute over ownership of luxury condominium project
• Represented tenant group in board control dispute and thereafter tenant-controlled board in construction defect dispute with sponsor
• Dismissed claims related to a flood in luxury condominium brought against prominent managing agent
• Represented purchasers and sponsors in sales contract disputes before the New York Attorney General’s Office and in New York State court
• Conducted internal integrity review for a top US construction company and liaised with government investigatory bodies

/Looking ahead

With construction cost increases, disputes are on the rise, whether it be in the form of scope disputes, or after-the-fact construction defects. With the shifting regulatory landscape impacting multi-family properties, disputes arise out of the long-term and short-term economic impacts demanding business term renegotiations and resulting in business divorces.

Over the last several years (and expected to increase exponentially in the near term), we have also seen increased government regulation and investigations and enforcement of regulations, particularly in the New York real estate sector.

This backdrop is coupled with the need for developers, landlords, boards, and tenants to rely on increasingly specialized counsel to help navigate their legal rights and obligations as a result of the 2019 changes to the rent and conversion laws, the effects of which are still being understood and litigated. As the New York housing market adjusts to the sweeping changes in rent and conversion laws, developers, landlords, tenants, cooperatives/condominiums, and shareholders/unit owners will need to rely on increasingly specialized counsel to understand and navigate their rights and legal obligations in the new environment.

Creative thinking and cooperation among government agencies, tenants, and landlords will be necessary for all parties to succeed in this environment. Unfortunately, collaboration is often difficult, and parties will resort to the courts to resolve issues, and the government will use its vast enforcement powers to ensure new laws are followed. I stand ready to represent my clients whether it be through cooperation with government agencies or, if necessary, through the courts. Owners and developers would also be wise to review their internal practices and policies to ensure they comply with new laws and regulations, especially in light of the shifting priorities of state and city government enforcement agencies.

I look forward to working with my clients on best practices to avoid litigation and government scrutiny.

/Insights

• “Cooperative and Condominium Case Law Update,” New York State Bar Association CLE Program, annually January 2021–January 2026
• Guest Lecturer, “Martin Act & Executive Law: Regulation of Real Estate in New York,” Benjamin N. Cardozo School of Law Condominium & Cooperative Course, annually April 2022–March 2025.
• Monthly contributor, Co-op & Condo Case Law Tracker, a Habitat Product, November 2021–to date
• “New Brown Memorial Baptist Church uses rare statute to protect property rights,” Nixon Peabody Real Estate Law Alert, February 3, 2025
• “New York enacts Good Cause Eviction Law,” Nixon Peabody Real Estate Law Alert, April 22, 2024
• “Understanding how New York laws affect owners of rent stabilized apartments,” Nixon Peabody Real Estate Law Alert, January 10, 2024
• “How will New York State’s legislative activity affect business?” Nixon Peabody Real Estate Law Alert, January 9, 2024
• “Estate and Trust Transfers: Market-Rate Co-ops and Condos, and HDFCs,” New York State Bar Association CLE Program, June 14, 2023
• “New York AG cracks down on unit rentals prior to condo conversion,” Nixon Peabody Real Estate Law Alert, May 2, 2023
• Manhattan DA expands tenant protections with launch of Housing Tenant Protection Unit,” Nixon Peabody Real Estate Law Alert, October 17, 2022
• “I am Who I Say I am: Livesavers Bldg. Homeowners Group v. BD. Of Mgrs. Of the Landmark Condo,” Habitat Case Watch, September 27, 2022
• “Recent court decisions impacting cooperatives and condominiums in New York,” Nixon Peabody Real Estate Law Alert, May 20, 2022
• “Role Of Special Counsel in Martin Act and Executive Law Investigations Involving Real Estate,” New York State Bar Association CLE Program, February 9, 2022
• “NY commercial lease update: Court permits drawdown on letter of credit and rejects tenant’s impossibility of performance argument” Nixon Peabody Real Estate Law Alert
• Monthly contributor, Co-op & Condo Case Law Tracker, a Habitat Product, November 2021 – to date
• “New York Attorney General James Demands Home Loan Servicers Protect Homeowners during Coronavirus (COVID-19) Pandemic.” Nixon Peabody Condo & Co-op Alert, April 24, 2020
• “New York Attorney General Real Estate Enforcement Updates.” Nixon Peabody Real Estate Law Alert, November 15, 2019
• “Housing Issues in Focus: The Changing Legal and Regulatory Landscape for Tenants and Property Owners in New York.” Panelist Nixon Peabody, New York, NY, October 24, 2019
• “Updates to Statute of Limitations for Real Estate Securities Claims.” Nixon Peabody Real Estate Alert, September 25, 2019
• New York State Bar Association Cooperatives and Condominium Committee presentations regarding the Interstate Land Sales Act, the Citibike litigations, and the New York State Attorney General’s enforcement investigations relating to the Martin Act, Executive Law, and Business Corporation Law