Departments

Landlord v. Tenant: March 2023

February 21, 2023    

MAJOR CAPITAL IMPROVEMENTS

DHCR Must Reconsider Whether MCI Based on Pointing/Waterproofing Was Depreciable

Landlord applied to the DHCR for MCI rent hikes based on pointing and waterproofing performed pursuant to NYC Local Law 11's facade inspection and safety program. The...

City Sues Owners for Building Code Violations, Dangerous Living Conditions

January 25, 2023    

Mayor Eric Adams and NYC Corporation Counsel Sylvia O. Hinds-Radix recently announced the filing of two lawsuits against Alma Realty Corp. and Empire Management America Corp. for the failure to fix thousands of code violations that created dangerous living conditions for tenants. The lawsuits...

Does Gas Re-Piping Qualify as MCI When Done to Fix Gas Leak?

December 21, 2022    

Q Our rental building had an unexpected gas leak and Con Edison shut off the gas service for six months for mandatory repairs. As part of the repairs, we were required to change all the gas pipes in the building to be able to reinstate the...

Landlord v. Tenant: January 2023

December 21, 2022    

PROCEDURE—COURT

ERAP Stay Vacated Because Co-Tenant Already Applied for and Was Denied ERAP Assistance  

Landlord sued to evict tenant for nonpayment of rent. Tenant filed an ERAP application, which automatically stayed the eviction proceeding. Landlord then...

Landlord v. Tenant: November 2022

October 25, 2022    

 

NY Lawmakers Seek to Revive Fight Against Broker Fees

September 12, 2022    

There has been renewed interest to cap or limit broker fees paid by prospective tenants after some high-profile instances of brokers asking for thousands of dollars in fees in exchange for highly coveted apartments have made the news. In one case, a renter paid a broker fee of $19,500 for a rent...

Comptroller's Plan Would Temporarily Legalize Basement Apartments

September 12, 2022    

Shortly before the one-year anniversary of Hurricane Ida, which resulted in 11 people drowned in basement apartments during the storm, New York City Comptroller Brad Lander released a report called “Bringing Basement Apartments into the Light.” The report proposes a path to legalize...

Switching from Gas to Electric Stoves in Rent-Stabilized Apartments

July 28, 2022    

Q I own a small mixed-use building in Brooklyn with two commercial tenants, three rent-stabilized tenants, and three market-rate tenants. As a result of Local Law 152 gas piping inspection requirements, I will have to replace five of the...

OTDA to Begin Processing Additional ERAP Applications

July 28, 2022    

On July 21, the State Office of Temporary and Disability Assistance (OTDA) announced that it is “actively reviewing and processing eligible Emergency Rental Assistance Program (ERAP) applications submitted through June 30, 2022.” This announcement came about because the 2022–23...

Judge Orders Owner to Pay $70K for Disability Discrimination

July 28, 2022    

HUD recently announced that an Administrative Law Judge found that a Long Island landlord violated the Fair Housing Act when he refused to rent to a mother and her daughter because of the daughter’s cerebral palsy. The judge ordered the owner to pay $50,530 in damages to the family and a $...

Landlord v. Tenant: August 2022

July 28, 2022    

PROCEDURE—COURT

ERAP Stay Vacated by Court Where Occupant Was Former Super Who Never Paid Rent

Landlord sued to evict its former building superintendent after his employment was terminated in October 2021. The super had lived in one of landlord’s apartments since...

Water Board Approves 4.9% Rate Hike Effective July 1

June 28, 2022    

The NYC Department of Environmental Protection (DEP) is responsible for proposing water rates, while the Water Board is responsible for establishing the rate following the proposal and subsequent public hearings. DEP delivers over a billion gallons of drinking water, treats 1.3 billion gallons...