Q & A

Determining Fair Market Rent, Negotiating Initial Rent of a Decontrolled Apartment

May 24, 2017    

Q A rent-controlled tenant is vacating. There are eight apartments in my building. The other seven apartments were previously rent controlled or rent stabilized. As they became vacant, I renovated each apartment and then rented them, between...

Q & A on DHCR's J-51 Rent Registration Initiative

March 18, 2016    

In January, Gov. Andrew Cuomo ordered owners who received J-51 tax benefits to re-register 50,000 units for rent protection. This followed New York courts’ decisions that any apartment subject to rent stabilization at the time that the J-51 benefits were received must register those units...

Painting Requirements of Rent-Controlled Apartments with Possible Asbestos

July 30, 2015    

Q Our only rent-controlled tenant went to a local hardware store for a consultation regarding the replacement of her approximately 45-year-old hard wood floor. The tenant claims that the salesperson found out that there’s asbestos in...

Collecting Special Rent Increases Under RGBO No. 41

November 12, 2014    

Q: Can I collect special rent increases for low-rent apartments that were issued under Rent Guidelines Board Order No. 41 and later challenged in court?

High-Rent Vacancy Deregulation of Rent-Stabilized Apartment

May 27, 2014    

Q How have the Rent Code Amendments of 2014 (RCA 2014) changed the process for deregulating rent-stabilized apartments through high-rent vacancy? Are there any additional forms to fill out?


Preventing Fraud in Affordable Housing

April 24, 2014    

Q: The building I own receives tax benefits through the 421-a Affordable Housing Program. In exchange for these benefits, I must rent 20 percent of the apartments to low- to middle-income families and these units are subject to Rent...

Deciding Whether to Try or Settle a Nonpayment Case

February 24, 2014    

Q: I recently filed a nonpayment proceeding against a tenant who now claims he’s applying for public assistance. I’m not sure how long the application process takes or whether he’ll even qualify for the assistance. But I...

Installing Security Cameras Without Violating Privacy Rights

April 27, 2012    

Q I'm considering installing security cameras in common-area hallways and in the building elevator. Will tenants be able to successfully sue me on the basis of invasion of privacy and harassment?

Charging a 'First Rent' with Outdoor Garden Space Alterations

April 27, 2012    

Q Does adding an outdoor exclusive garden or recreational space to a vacant rent-stabilized apartment permit me to increase the rent of that stabilized unit? How would I know if this addition would make the resulting apartment a new apartment...

Escalating Preferential Rent During Lease Term

December 27, 2011    

Q I have a preferential rent lease rider with a rent-stabilized tenant. Are owners allowed to have an escalation clause in a rent-stabilized lease provided the increased escalated rent is below the legal rent? Will the DHCR allow this sort of...

Ramifications of New York State's Marriage Equality Act

December 27, 2011    

Q What are the implications for owners of regulated apartments with regard to the legalization of same-sex marriage in New York?

Getting Relief After Unwittingly Buying Building That's Rent Stabilized

November 21, 2011    

Q My management company took over the management of a five-unit apartment building. Two prior owners ago, the former owner converted the building from a six-unit building to a five-unit one. And the current owner bought the building believing that it...