The Housing Stability and Tenant Protection Act of 2019: What You Need to Know

July 11, 2019    

By Eileen O’Toole, Esq.

On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act of 2019 (the Act), which significantly altered existing rent control and rent stabilization...

How to Avoid Risks Posed by Tenant-Superintendents

June 20, 2019    

Owners sometimes hire tenants to be superintendents. This practice can lead to serious problems unless the owner takes precautions. When a tenant is hired to act as a superintendent, he becomes the owner’s employee. This is not a problem. But suppose the owner later wants to fire the...

City Council Passes Tenant Harassment and Displacement Legislation

May 23, 2019    

The City Council recently passed 17 bills meant to protect tenants and prevent landlords from harassing them out of their apartments. The legislative package includes new rules on renovations, tenant buyouts, housing court process servers, and more. With its passage, owners cannot use...

Give Tenant Advance Notice Before Starting Eviction Proceeding

April 18, 2019    

The Rent Stabilization Code (RSC) requires you to give advance notice to a rent-stabilized tenant before you can seek his eviction in most cases. The notice, known as a termination notice, informs the tenant that he must vacate or give up his apartment by a certain date.

How to Prevent Housing Discrimination Claims Based on Race or Color

March 19, 2019    

The New York City Commission on Human Rights recently announced the launch of its new “While Black” ad campaign to combat racial discrimination. According to Carmelyn P. Malalis, chairwoman and commissioner of the organization, the ad campaign is an effort to encourage more people to...

How to Follow the Rent Stabilization Code’s Settlement Rules

February 22, 2019    

It may be to your advantage to settle with a tenant over a complaint he’s filed with the DHCR before the DHCR makes a decision on the complaint. Doing so can save you time and money, and you can avoid concerns over an uncertain result. But you need to be careful about how you settle the...

Stop Collecting Retroactive MCI Increases If Tenants Appeal

January 25, 2019    

Several new and re-elected state senators have made eliminating rent increases tied to major capital improvements (MCIs) important parts of their housing agenda. Last year, State Senator Mike Gianaris and Assemblyman Brian Barnwell introduced a bill in their respective chambers that would repeal...

City Council Considers Tenant Protection Bill Package

December 18, 2018    

Speaker Corey Johnson recently introduced a package of bills that focus on protecting tenants in rent-stabilized apartments from harassment by the owners. With the speaker in support of them, the bills have a good chance of passage in the Democrat-controlled Council with some minor revisions and...

How to Tell If Tenant Has Corrected Illegal Sublet

November 26, 2018    

Before you sue to evict a tenant for illegally subletting an apartment, you must send the tenant a legal document called a “notice to cure,” which gives the tenant a chance to correct the illegal sublet. If you end up in court on your illegal sublet claim and win, the court will...

Take Complaints About Tenants’ Secondhand Smoke Seriously

November 9, 2018    

According to the Centers for Disease Control and Prevention (CDC), secondhand smoke exposure contributes to approximately 41,000 deaths among nonsmoking adults and 400 deaths of infants each year. Secondhand smoke causes stroke, lung cancer, and coronary heart disease in adults. And children who...

Check to Make Sure Person Who Signs Renewal Lease Is the Tenant

October 24, 2018    

Generally, tenants in rent-stabilized apartments must be offered renewal leases. The renewal lease can be for a term of one or two years, at the tenant’s choice and is at a rate set by the Rent Guidelines Board. The renewal lease offer must be made on a form created by or on a facsimile...

Submit Tenant Protection Plan, Post Notices for Buildings Occupied During Construction

September 20, 2018    

Last year, the city’s focus on tenant harassment culminated in Mayor de Blasio signing a package of bills into law that gave sweeping protections to renters against tenant harassment and unsafe living conditions. Among the bills signed into law was one for an Office of the Tenant Advocate...