Nativ Winiarsky Lawyer
Welcome to the professional hub of Nativ Winiarsky, a distinguished litigator and thought leader in the realm of complex real estate law. This platform reflects Nativ’s extensive legal career advocating for property owners, landlords, and commercial stakeholders through high-stakes litigation and appellate practice. With a deep command of State Supreme Court proceedings and commercial landlord-tenant disputes, Nativ Winiarsky of Kucker Marino Winiarsky & Bittens has become a trusted force in protecting and advancing the interests of New York’s real estate community. His work has helped shape landmark legal precedents, and his strategic litigation style delivers real results in a legal environment where every detail matters. Beyond the courtroom, Nativ Winiarsky, lawyer, is committed to transparency, legal innovation, and client empowerment—providing actionable insights through regular contributions to leading legal publications like the New York Law Journal. With a unique blend of legal acumen, industry awareness, and aggressive advocacy, Nativ Winiarsky continues to set the standard for excellence in real estate litigation.
About Nativ Winiarsky
Nativ Winiarsky is a Senior Partner at Kucker Marino Winiarsky & Bittens, LLP, a premier full-service real estate law firm based in New York. With a distinguished legal career focused on complex Supreme Court litigation and high-stakes commercial landlord-tenant disputes, Nativ has earned a reputation as one of the city’s most formidable litigators. He has successfully tried countless jury and non-jury cases across a wide range of legal forums throughout New York State, establishing himself as a leading advocate for landlords and property owners.
Widely recognized for his skill in both trial and appellate advocacy, Nativ Winiarsky has played a pivotal role in shaping groundbreaking legal precedents that have strengthened the rights and protections of landlords across the city. He has argued critical motions and participated in numerous appeals at both the state and federal levels, consistently demonstrating a mastery of litigation strategy and a deep understanding of real estate law.
Beyond the courtroom, Nativ Winiarsky is a prolific legal writer and thought leader. His insights have been published in multiple respected legal journals, and he is a regular contributor to the New York Law Journal, where he addresses emerging legal trends and pressing issues affecting the real estate industry. His thoughtfulness, strategic acumen, and unyielding commitment to client advocacy have made him a trusted advisor and a respected figure in New York’s legal community.
Nativ holds a Juris Doctor from Fordham University School of Law and a Bachelor of Science from the New York University Stern School of Business. He is admitted to practice before all trial and appellate courts in the State of New York, as well as the Supreme Court of the United States.
Driven by a commitment to excellence, Nativ approaches every case with a combination of legal precision and industry awareness. As Nativ Winiarsky of Kucker Marino Winiarsky & Bittens notes, “Successfully representing my client’s interests depends not only on staying up to date with legal decisions, but with industry trends in my practice areas. Understanding their world allows me to be successful on their behalf.”
Nativ Winiarsky Explores The Role of the Courts in Housing Reform: A Litigator’s Perspective
Housing reform in New York City is one of the most hotly debated and rapidly evolving areas of law today. With policy shifts intended to rebalance power between landlords and tenants, legislators have increasingly looked to sweeping legal changes to address a range of issues—from affordability to housing security to tenant protections. Yet as any seasoned litigator knows, the passage of a law is merely the beginning of its journey. It is in the courts—through interpretation, application, and enforcement—that the real, lasting impact of housing reform takes shape.
As a senior partner at Kucker Marino Winiarsky & Bittens, LLP, and an attorney who has spent the majority of my career litigating high-stakes commercial and residential landlord-tenant disputes, Nativ Winiarsky had a front-row seat to the evolving role of the judiciary in shaping housing policy. In this article, Nativ Winiarsky, lawyer, will explore how the courts have come to serve as both enforcers and unintended architects of housing reform, and why litigation is often where the most consequential housing battles are ultimately won or lost.
From the Legislature to the Courtroom: A Crucial Transition
Legislators may draft and pass housing reform statutes with clear intent, but statutory language is inherently subject to interpretation. Courts are tasked with deciphering these laws in real-world contexts, often navigating vague phrasing, conflicting objectives, or unforeseen complications. This is particularly evident in laws passed under pressure—such as those responding to the COVID-19 pandemic or public demand for rent regulation—where the urgency of the moment may leave gaps or ambiguities in the final text.
Nativ Winiarsky shares the example: When the Housing Stability and Tenant Protection Act (HSTPA) was enacted in 2019, its sweeping changes to rent regulation laws sent shockwaves through the real estate industry. Legislators aimed to curtail what they saw as abuses in deregulation practices and tenant displacement. However, the statute’s broad language, particularly regarding Major Capital Improvements (MCIs), Individual Apartment Improvements (IAIs), and rent overcharge claims, led to significant uncertainty. What followed was an immediate influx of litigation—landlords challenged the retroactivity of certain provisions while tenants sought expansive interpretations of protections.
In this way, the judiciary became the de facto final word on housing reform, not merely applying the law but, in many cases, determining its boundaries. Litigators play a critical role in shaping these interpretations, bringing the real-world implications of reform into the courtroom and forcing legal systems to reconcile legislative intent with constitutional rights and procedural fairness.
The Courts as Policy Correctives
Litigation often reveals the unintentional ripple effects of housing reform laws. These effects can range from administrative burdens to property devaluation to practical dysfunction in housing courts. Nativ Winiarsky of Kucker Marino Winiarsky & Bittens emphasizes that by challenging or defending statutes through case law, attorneys not only resolve individual disputes but also force a reexamination of the legislation itself.
Take, for instance, the question of retroactivity. Several post-HSTPA cases addressed whether newly enacted rent regulations could apply to pending or previously resolved overcharge cases. Landlords contended this was a violation of their due process rights. In Regina Metropolitan Co., LLC v. New York State Division of Housing and Community Renewal, the New York Court of Appeals ultimately ruled that the application of HSTPA’s overcharge provisions to past conduct was unconstitutional. Nativ Winiarsky, lawyer, explains that this decision didn’t overturn the law itself, but it reshaped its practical effect—and in doing so, reaffirmed the judiciary’s essential role as a check on legislative overreach.
In another instance, litigation around “good cause eviction” bills—often proposed at the municipal level—has brought to light the tension between tenant protections and property rights. While well-intended, such reforms risk eroding contractual autonomy and increasing financial risk for landlords. It is through the lens of litigation that these competing priorities are scrutinized and reconciled.
Practical Implications for Landlords and the Industry
For property owners, developers, and real estate stakeholders, understanding how courts interpret housing reform is not merely academic—it’s operationally vital. Litigation shapes lease agreements, informs investment strategies, and determines risk tolerance. A lease clause that was enforceable five years ago might now be viewed as unconscionable or unlawful, depending on the court’s reading of new legislation.
Nativ Winiarsky of Kucker Marino Winiarsky & Bittens regularly advises clients on structuring their compliance strategies around not just statutory language, but also recent case law and procedural trends. For example, the increased willingness of housing courts to entertain expansive tenant defenses—such as constructive eviction claims or warranty of habitability violations—has changed how landlords manage repairs, inspections, and documentation. Similarly, evolving case law on rent-stabilized units impacts acquisition due diligence and building valuations.
Litigation also serves as a reality check for policymakers. When judges dismiss overbroad claims or reject unconstitutional applications of new laws, it signals to the legislature that certain reforms may need refining. Conversely, when courts uphold tenant protections or interpret laws in tenant-friendly ways, it sends a clear message to landlords and their legal teams to adapt.
Thought Leadership Through Litigation
As someone deeply engaged in this space—not only as a litigator but also as a contributor to legal journals and public discourse—Nativ Winiarsky believes thought leadership is essential to guiding both the legal and business communities through periods of rapid change. Whether through published articles, speaking engagements, or media commentary, Nativ Winiarsky’s goal is to illuminate the evolving judicial landscape and help stakeholders navigate it effectively.
The courtroom is not just a place of resolution—it is a crucible where theory meets practice, where policy meets real life. As housing reform continues to evolve, it will be in our courts that its true meaning, limitations, and consequences are revealed.
The role of the courts in housing reform is both indispensable and complex. Far from being passive enforcers, judges—and by extension, litigators—serve as critical interpreters and enablers of reform. Nativ Winiarsky emphasizes that by examining how these laws are applied, challenged, and refined through litigation, we gain a deeper understanding of their true impact.
Nativ Winiarsky of Kucker Marino Winiarsky & Bittens understands that as the legal landscape continues to shift, particularly in New York City, those of us in the legal profession must remain vigilant, informed, and proactive. For property owners, tenants, attorneys, and lawmakers alike, the courtroom remains the most important stage in the unfolding drama of housing reform.