Meet a Leading Authority in Real Estate Law

Nativ Winiarsky – Shaping New York’s Property Law Landscape

Nativ Winiarsky is a renowned real estate litigator whose decades of legal leadership have helped define the rights and protections of property owners across New York.

Champion of Property Rights

Nativ Winiarsky defends landlords and property owners through impactful litigation that shapes New York’s real estate laws.

Legal Insight with Business Sense

Combining legal skill with financial expertise, he offers strategies that protect both assets and outcomes.

Clarity Through Thought Leadership

Winiarsky simplifies complex laws through writing and speaking, helping real estate professionals stay informed.

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Nativ Winiarsky Lawyer

A respected authority in real estate litigation, Nativ Winiarsky has built a decades-long career championing the rights of landlords and property owners while helping shape the legal landscape of New York’s housing and commercial markets through strategic advocacy and impactful litigation.

Welcome to the professional platform of Nativ Winiarsky, a prominent force in the field of real estate litigation and one of New York’s most respected voices in property law. This space showcases Nativ Winiarsky’s expansive legal career, marked by decades of high-impact litigation, appellate advocacy, and a deep commitment to safeguarding the rights of landlords, property owners, and commercial stakeholders. Known for his sharp legal mind and strategic courtroom presence, Nativ has played a pivotal role in shaping the legal framework that governs housing and commercial real estate in one of the most complex markets in the world.

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About Nativ Winiarsky

Nativ Winiarsky: Championing Landlord Rights and Legal Clarity in New York Real Estate

In a city where real estate is both lifeblood and battleground, few legal minds command the respect, influence, and track record of Nativ Winiarsky. For decades, Winiarsky has stood at the vanguard of property law, representing landlords, developers, and commercial real estate owners across New York’s most consequential legal challenges. As a Senior Partner at Kucker Marino Winiarsky & Bittens LLP, he has become a vital voice in an industry constantly tested by legislative reform, economic uncertainty, and evolving public policy.

But Winiarsky’s work extends far beyond traditional legal counsel. His role is equal parts litigator, strategist, policy interpreter, and educator. With an unwavering belief in property rights and due process, he has become a critical figure in ensuring that real estate stakeholders not only survive—but thrive—amid shifting legal tides.

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From Courtroom to Cityscape: A Litigator Who Shapes the Rules

At the core of Winiarsky’s practice is a fearless approach to litigation. Whether arguing in the trial courts of New York City or making his case before appellate panels and federal judges, he brings a commanding presence and thorough knowledge of property law to every proceeding. His legal work spans high-stakes eviction cases, commercial lease disputes, regulatory enforcement challenges, and constitutional claims relating to rent regulation and housing reform.

More than a technical expert, Nativ Winiarsky of Kucker Marino Winiarsky & Bittens is a tactician who understands how to read a courtroom, anticipate judicial leanings, and adapt legal arguments to the evolving pulse of public policy. His cases frequently address cutting-edge legal issues, with decisions that not only impact his clients but ripple outward to affect hundreds, if not thousands, of other stakeholders across the state.

His advocacy is especially vital in an era marked by sweeping housing reforms. Laws such as the Housing Stability and Tenant Protection Act (HSTPA) have transformed the legal landscape for landlords. For many property owners caught in the crosscurrents of new regulations, Winiarsky serves as both shield and sword, protecting their interests while helping them navigate compliance and strategy under changing statutes.

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A Record of Impact: Setting Precedents, Not Just Following Them

What truly sets Nativ Winiarsky, lawyer, apart is his ability to shape the law itself. His appellate work has helped clarify vague statutes, correct judicial overreach, and defend against retroactive interpretations of new rules. Notably, his legal analysis and arguments have contributed to landmark decisions, such as those determining the constitutional limits of retroactive rent regulation enforcement.

These victories are not just legal footnotes; they represent fundamental protections for property owners’ rights and serve as precedents for future litigation. Time and again, Winiarsky has proven that meaningful change in housing policy happens not just in the legislature, but in courtrooms where rules are interpreted, tested, and ultimately defined.

A Record of Impact: Setting Precedents, Not Just Following Them

What truly sets Nativ Winiarsky, lawyer, apart is his ability to shape the law itself. His appellate work has helped clarify vague statutes, correct judicial overreach, and defend against retroactive interpretations of new rules. Notably, his legal analysis and arguments have contributed to landmark decisions, such as those determining the constitutional limits of retroactive rent regulation enforcement.

These victories are not just legal footnotes; they represent fundamental protections for property owners’ rights and serve as precedents for future litigation. Time and again, Winiarsky has proven that meaningful change in housing policy happens not just in the legislature, but in courtrooms where rules are interpreted, tested, and ultimately defined.

Beyond Advocacy: A Legal Thinker and Public Commentator

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Thought Leader, Legal Educator, and Trusted Voice: Nativ Winiarsky on Demystifying Real Estate Law and Empowering Property Stakeholders Through Insightful Commentary and Analysis

Winiarsky is not content with litigation alone. He is also a prolific writer, speaker, and commentator, contributing his expertise to legal publications including the New York Law Journal. His writings examine the practical implications of policy reforms, dissect recent case law, and provide actionable insights for property owners and their legal teams.

His thought leadership is guided by a simple but powerful principle: knowledge is power. In a field where the smallest misinterpretation can result in costly penalties or lost opportunities, Nativ Winiarsky’s commentary serves as a beacon for those trying to make sense of a legal system in flux.

By translating complex statutes and judicial opinions into accessible language, he helps demystify the legal landscape for landlords, management companies, developers, and other real estate professionals. His influence as an educator is particularly valuable in an environment where legal literacy is essential for operational success.

Strategic Counsel with a Commercial Lens

Nativ Winiarsky’s legal insight is underpinned by a strong foundation in business. He earned his undergraduate degree from the NYU Stern School of Business, where he studied finance and economics, training that continues to inform his approach to client representation. His legal arguments are not confined to statutes and case law; they are shaped by a deep understanding of market dynamics, risk exposure, and asset protection.

This rare combination of legal and commercial fluency allows him to offer clients more than just legal solutions. He provides strategic guidance that takes into account their investment goals, market position, and long-term sustainability. Whether advising on litigation strategy or helping structure lease terms that mitigate risk, Winiarsky ensures that his clients are protected not only in court but in the boardroom as well.

Legal Expertise with Business Acumen

Winiarsky’s background in finance and law gives him a unique ability to approach cases with both legal precision and commercial insight.

Strategy Beyond the Courtroom

He guides clients with big-picture thinking, aligning legal approaches with broader investment goals and market dynamics.

Risk Management That Protects Assets

From lease structuring to compliance, Winiarsky helps clients proactively reduce exposure and avoid costly legal pitfalls.

A Partner in Long-Term Success

His counsel supports sustainable growth, ensuring clients are positioned for stability not only during litigation—but well into the future.

Credentials and Commitment to Excellence

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Credentials Rooted in Integrity and Impact
Nativ Winiarsky’s distinguished legal background is matched only by his unwavering dedication to client success and the pursuit of justice.

A graduate of Fordham University School of Law, Winiarsky is admitted to practice before all trial and appellate courts in New York, as well as the United States Supreme Court. His career has been marked by a relentless pursuit of excellence and an unshakeable commitment to his clients’ success.

His legal victories are measured not only by courtroom outcomes but also by the long-term stability and growth they enable for his clients. For him, the law is not a series of abstract principles; it is a living, breathing force that must be interpreted, tested, and sometimes contested to ensure fairness and clarity.

Bridging Law and Policy in a New Era of Housing Reform

Few attorneys are as attuned to the real-world effects of housing legislation as Nativ Winiarsky. As policy conversations increasingly center on tenant protections, rent control, and affordable housing, he remains a vital counterbalance, articulating the concerns of property owners and ensuring that reform efforts respect constitutional rights and economic realities.

In debates over “good cause eviction,” MCI and IAI rules, and rent stabilization expansion, Winiarsky has served as a tireless advocate for legal sanity and procedural fairness. His work ensures that landlords are not reduced to villains in a politically charged discourse, but recognized as essential stewards of the city’s housing infrastructure.

A Trusted Advisor in Uncertain Times

As real estate professionals face one of the most volatile regulatory environments in recent memory, Nativ Winiarsky offers something increasingly rare: clarity. Through litigation, education, and strategic counsel, he empowers clients to understand their rights, assess their risks, and chart a course forward.

Whether defending a client in court, influencing policy through precedent, or demystifying complex laws in a journal article, Nativ Winiarsky of Kucker Marino Winiarsky & Bittens is guided by the belief that justice is not automatic, it must be earned through preparation, argument, and resolve. In the eyes of many New York landlords, he is more than just their attorney. He is their voice, their defender, and their guide through a legal landscape that often feels designed to work against them.

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