Nativ Winiarsky
Welcome to the digital hub of Nativ Winiarsky, a distinguished legal strategist and thought leader in real estate law. This platform showcases Nativ’s decades-long career in advancing legal clarity, protecting property rights, and shaping the legal framework governing New York’s dynamic real estate landscape. With extensive experience in complex litigation, regulatory advocacy, and appellate practice, Nativ Winiarsky has earned a reputation for innovation, integrity, and unwavering client dedication. Beyond his courtroom victories, Nativ is deeply committed to educating and empowering property owners, legal professionals, and the broader real estate community through his thought leadership and accessible legal insights. Through his bold advocacy, strategic precision, and deep understanding of both the law and the industry it serves, Nativ Winiarsky continues to influence the future of real estate litigation and property rights protection for generations to come.
Nativ Winiarsky: Architect of Real Estate Law and Relentless Advocate for Property Rights
In a city defined by its skyline and powered by its real estate market, few legal professionals have left as profound an imprint on the landscape as Nativ Winiarsky. A Senior Partner at Kucker Marino Winiarsky & Bittens LLP, Nativ has become a commanding presence in New York’s legal community. He is a strategist, litigator, and thought leader whose voice resonates in the courtroom and across the broader real estate law and policy spectrum. His career is distinguished by powerful client testimonials, landmark legal wins, and an unwavering dedication to guiding stakeholders through the complexities of property law.
A Legal Strategist With an Uncompromising Commitment to Justice
At the heart of Nativ Winiarsky’s practice is a powerful principle: complete transparency. His approach to law is refreshingly direct: what you see is what you get. Clients don’t just retain a lawyer; they gain an unwavering advocate who merges legal acumen with real-world understanding. With an unrelenting drive to achieve meaningful results, Nativ champions the causes of landlords, developers, and property owners whose investments and livelihoods often hang in the balance of complex legal disputes.
Throughout his distinguished career, Nativ has cultivated a reputation for fearless litigation and strategic foresight. He thrives in high-pressure environments, where complex regulatory frameworks, volatile markets, and public scrutiny converge. For Nativ, legal work is more than a profession—it’s a vocation grounded in empowering clients and redefining what effective representation looks like in the real estate sector.
Senior Partner at Kucker Marino Winiarsky & Bittens LLP: Leadership in Action
Nativ Winiarsky’s leadership role at Kucker Marino Winiarsky & Bittens LLP (KMWB) reflects his comprehensive command of real estate law. As a Senior Partner, he is instrumental in shaping the firm’s strategic direction, mentoring younger attorneys, and maintaining a culture of integrity and excellence. Under his guidance, KMWB has reinforced its standing as one of New York’s premier real estate law firms, a full-service powerhouse known for combining legal depth with practical, client-centered solutions.
Nativ spearheads complex litigation efforts within the firm involving commercial landlord-tenant disputes, regulatory compliance, rent stabilization law, development rights, building code enforcement, and contract disputes. His portfolio includes an array of clients from multi-generational property owners to national real estate investment trusts, all of whom rely on his sharp legal mind and tactical precision.
Champion of Litigation: Winning in the Courtroom and Beyond
Nativ’s litigation experience is as vast as it is formidable. He has successfully tried countless jury and bench trials across every central judicial forum in New York State. Whether in Housing Court, Supreme Court, the Appellate Division, or even the United States Supreme Court, Nativ’s advocacy is distinguished by its clarity, technical rigor, and relentless pursuit of favorable outcomes.
His holistic command of trial and appellate advocacy sets him apart. Nativ does not merely respond to legal challenges; he anticipates them, crafts novel arguments, and, when necessary, reshapes the law itself. His involvement in high-profile and precedent-setting cases has earned him a reputation as a legal architect who builds frameworks others must follow.
Landmark Legal Advocacy: Defining Precedent
One of Nativ’s most notable contributions to New York law came from the Housing Stability and Tenant Protection Act (HSTPA) of 2019, which introduced sweeping changes to the city’s rent regulation system. As property owners scrambled to make sense of the new statutory landscape, Nativ led a charge of legal reasoning that challenged the constitutionality and retroactive application of key HSTPA provisions.
His arguments helped frame the broader legal discourse surrounding the Act, culminating in influential decisions such as Regina Metropolitan Co., LLC v. DHCR, in which the Court of Appeals echoed many of the principles Nativ championed, particularly around due process and statutory clarity. Through such efforts, he has helped restore legal balance in an arena marred by one-sided regulations and political influence.
Real Estate Thought Leader: Bringing Clarity to Complexity
Nativ’s impact extends far beyond courtroom walls. As a prolific legal writer and contributor to the New York Law Journal and other esteemed publications, he brings accessible legal analysis to complex, fast-evolving issues. His writings are often cited for their precision, practicality, and policy insight, making him a trusted voice for attorneys, lawmakers, and real estate professionals.
Whether dissecting new rent control regulations, exploring the limits of landlord liability, or advising on the constitutional dimensions of housing policy, Nativ distills intricate legal developments into actionable knowledge. This role as a public intellectual and commentator aligns with his broader goal of client empowerment: ensuring that stakeholders understand not just what the law says, but how it affects their investments, operations, and futures.
Credentials and Education: A Foundation of Excellence
Nativ Winiarsky’s academic journey reflects the same caliber of excellence that defines his professional career. He earned his Juris Doctor from Fordham University School of Law, one of New York’s most respected legal institutions. Before that, he graduated from New York University’s Stern School of Business, receiving a Bachelor of Science and developing the economic fluency that complements his legal insight.
He is admitted to practice before all trial and appellate courts in the State of New York and the United States Supreme Court, a testament to the breadth of his legal authority and professional recognition.
A Style Defined by Strategy, Clarity, and Client Trust
Clients who work with Nativ Winiarsky quickly realize they are in the hands of a seasoned legal professional and a trusted strategic partner. His style is marked by intellectual discipline, tactical foresight, and relational integrity. He listens deeply, builds consensus where possible, and fights aggressively when necessary.
As Nativ often 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.” This perspective makes him a vital ally in a sector where legal missteps can lead to millions in losses, reputational damage, and prolonged litigation.
A Legal Career That Shapes the Future
More than just a litigator, Nativ Winiarsky is a visionary for the future of real estate law. He sees the law not as a static set of rules but as a living framework that must adapt to economic realities, social pressures, and technological advances. Through his court victories, thought leadership, and mentorship, Nativ is shaping a legal environment that balances property rights with public policy and legal rigor with human impact.
In a city as layered and litigious as New York, where regulatory change is constant and the stakes are always high, Nativ Winiarsky stands out not only for his legal talent but for his principled leadership and visionary approach. He is more than just a lawyer; he is a cornerstone of New York’s real estate legal community, a steadfast defender of due process, and a powerful advocate for those who build and maintain the city’s economic foundation.