Feature Articles

Ask Judge to Order Use & Occupancy Payment in Eviction Case

August 18, 2017    

If you sue to evict a tenant in housing court for a reason other than nonpayment of rent (such as nonprimary residence), the law says you’re entitled to what’s known as “use and occupancy” (U & O). Getting U & O while your case is pending is critical, since...

How to Calculate RGBO #49 Vacancy Lease Increases

August 18, 2017    

If you sign a vacancy lease with a tenant between Oct. 1, 2017, and Sept. 30, 2018, the new order issued on June 27 by the Rent Guidelines Board (RGB)—RGBO #49—lets you collect the vacancy increases permitted under the Rent Regulation Reform Act of 1997 (RRRA).

Evict Tenant Who Doesn't Get Renewal Lease Signed by Guarantor

July 27, 2017    

Suppose you sign an initial lease with a rent-stabilized tenant and require the tenant to get a guarantor to guarantee payment of the rent. At renewal time, the tenant returns the renewal lease without the guarantor’s signature. According to the DHCR and a housing court case, you are not...

Take 1.25% and 2% Rent Increases for Renewal Leases

July 27, 2017    

On June 27, 2017, the New York City Rent Guidelines Board (RGB) issued an order—RGBO #49—setting the rent increases you may take for rent-stabilized tenants in New York City on leases beginning anytime on or after Oct. 1, 2017, through Sept. 30, 2018. This order represents the first...

Avoid HPD Violations by Having Employees Routinely Check for Six Key Defects

June 22, 2017    

When a Department of Housing Preservation and Development (HPD) inspector visits your building in response to a tenant’s complaint, the inspector won’t simply check the problem the tenant has complained about. The inspector will also check the tenant’s apartment for six defects...

File 2017 Rent Registrations Online by July 31

June 22, 2017    

You must file an Annual Apartment Registration application with the DHCR for every rent-stabilized apartment you own by July 31, 2017, using the DHCR’s online Owner Rent Regulation Application system. As in past years, the penalty for not filing is stiff: You can’t collect a rent...

Five Possible Arguments to Avoid Triple Damages for Rent Overcharge

May 24, 2017    

No owner likes to get hit with a rent overcharge order. And it’s worse if the Division of Housing and Community Renewal (DHCR) orders you to pay triple damages on top of that. But the DHCR shouldn’t hit you with triple damages in every case where it finds an overcharge. If you can...

How Courts Decide Who’s a Nonprimary Resident

May 5, 2017    

Many tenants take advantage of rent control and rent stabilization laws to use their apartments as a low-cost second home. They actually live elsewhere, but keep their New York City apartments for business or pleasure. As an owner, you don’t have to stand by as these tenants unfairly reap...

Notify Four Parties When You Change Managing Agent

April 21, 2017    

A managing agent is designated by an owner to be in control of and responsible for the maintenance and operation of the building and to authorize, on behalf of the owner, the correction of any emergency conditions or the making of any emergency repairs. A managing agent must be an individual...

File RPIE Statements by June 1

April 21, 2017    

The NYC Department of Finance (DOF) requires certain owners of residential properties to file the Real Property Income & Expense Statement (RPIE) every year. The DOF needs income and expense information each year to value your property accurately.

Large Building Owners to Submit Benchmarking Data by May 1

April 21, 2017    

Local Law 84 (LL84) requires owners of large buildings to annually measure their energy and water consumption in a process called benchmarking. LL84 standardizes this process by requiring building owners to enter their annual energy and water use in the U.S. Environmental Protection Agency...

Cure Violations for Upcoming 2018-2019 MBR Cycle for Rent-Controlled Apartments

April 21, 2017    

It’s not too soon for owners of buildings that contain rent-controlled units to begin preparing for the upcoming 2018-2019 maximum base rent (MBR) cycle. The Division of Housing and Community Renewal (DHCR) has recently released the 2018-2019 MBR forms. The forms that need to be filed...