Q & A

Does Elderly Life Partner Have Succession Rights?

June 24, 2009    

Q A tenant has just notified us that his girlfriend has been an occupant “domestic partner” for the past year by recently filing the “Notice to Owner/Succession Rights” DHCR form. The tenant is an 89-year-old rent-controlled...

Failing to List Improvements on Annual Apartment Registration

April 1, 2009    

Q If I made improvements to a rent-stabilized apartment that qualify for a 1/40th rent increase, but I don't list those improvements on the annual rent registrations that I file with the DHCR, will I be disqualified from collecting the rent...

Recovering Rent-Stabilized Apartment for Superintendent's Use

April 1, 2009    

Q I recently got a violation from the Department of Housing Preservation and Development (HPD) for not having a superintendent living in my building or within 200 feet or one block of my building. To correct the violation, I would like to recover a...

Digital TV Transition, Master Antenna Upgrades

March 18, 2009    

Q My buildings have master antennas that have been registered with the DHCR as a provided service. Only a handful of tenants do not have cable and are using the master antenna for their television broadcasting. What impact will the analog-to-digital...

Applying Rent Payment to Arrears or Specified Month

February 22, 2009    

Q If a tenant denotes a specific month to which to apply his rent payment, is the owner still allowed to apply the rent payment to the arrears and not to the specific month noted on the tenant's check?

Proving Nonprimary Residence with Foreign Tourist Visa

November 29, 2008    

Q I have a rent-stabilized tenant who I suspect may be here on a foreign tourist visa. Would you review the requirements for evicting a rent-stabilized tenant on the basis of nonprimary residence, and give me more information on whether I can show the...

Preferential Rent or Mere Calculation Error?

November 29, 2008    

Q A tenant signed and returned a lease that is now in effect. After I mailed his copy of the lease back to him, I realized that a calculation error was made in the tenant's favor. Therefore, I sent him an adjusted lease with the correct figures...

Tenant Denies Access for Non-Emergency Repairs

October 29, 2008    

Q I need access to an apartment whose tenant has filed a reduced-service complaint with the Division of Housing and Community Renewal (DHCR). The tenant has denied me access to make repairs on more than one occasion. If the tenant keeps denying me...

Enforcing Agreement to Rent to Nonprimary Resident

September 16, 2008    

Q An applicant wants to rent one of my rent-stabilized apartments, but says that he won't be using the apartment as his primary residence. He is willing to agree in writing to rent the apartment as a nonprimary resident and therefore be exempt from...

Calculating Long-Term Prior Tenant Vacancy Increase

September 16, 2008    

Q A long-term tenant, who lived in the same apartment for 40 years, died recently. I wish to verify the calculation of the new rent. If I calculate the prior legal rent, plus the long-term prior tenant increase, plus the Rent Guidelines Board Order (...

Wages in 421a Tax-Break Rental Buildings

July 1, 2008    

Q My company is about to start construction on a 50-unit residential rental building that will be under rent stabilization. We have been informed that to receive the tax benefits of 421a in a new 50-unit building, the building superintendent will have...