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Home » Topics » New York Apartment Law Insider » Feature

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How to Collect 2014–15 MBR Increases for Rent-Controlled Units

Feb 24, 2014

The Division of Housing and Community Renewal (DHCR) recently updated its Web site with the necessary forms you have to fill out to start the process for increasing the rents of your rent-controlled apartments during the 2014–15 maximum base rent (MBR) cycle. Once you receive the orders of eligibility, you can raise your MBRs by 8.3 percent over their 2012–13 levels. The MBR increase for this cycle is higher than the 7.8 percent increase used in 2012–1...

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Four Reasons You Can Use to Legally Refuse Tenant's Sublet Request

Jan 27, 2014
Refuse_Sublet_Request.pdf

If a rent-stabilized tenant asks your permission to sublet an apartment, you may legally refuse that request only if you have a good reason. Owners can’t “unreasonably” say no to a sublet request, according to the state’s sublet law [Section 226-b of the New York Real Property Law]. But what’s a good—that is, “reasonable”—reason for saying no?


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How to Calculate Rent Increases for Temporarily Exempt Apartments

Dec 18, 2013

Rent-stabilized apartments are sometimes temporarily exempt from rent stabilization. For example, while they’re occupied by the owner they are considered exempt. But when a new tenant moves in, the apartment reverts back to stabilization. In addition, you can collect the rent guidelines increases you missed out on while the apartment was exempt by pretending you increased the rent during the exempt period. And in some instances you may be able to collect a first r...

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Charging Extra Fees for Items or Services—What’s OK, What’s Not

Nov 21, 2013

You may believe you have a right to charge extra fees to rent-stabilized tenants for certain items or services. For example, you may want to charge your tenants a fee for paying rent late or for taking over use of the elevator when moving furniture into their apartments.


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Use Five Arguments to Avoid Rent Cuts Over Service Complaints

Oct 24, 2013

As an apartment building owner, you constantly face the prospect of rent-stabilized and rent-controlled tenants getting rent cuts over service complaints. The Division of Housing and Community Renewal (DHCR) has the authority to grant rent cuts for a wide variety of service problems.


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How to Get Proper Consent for Improvements/New Equipment Rent Hike

Sep 24, 2013
Consent_Agreement.pdf

If you want to collect a rent hike for making improvements to, or installing new equipment in, an occupied rent-stabilized apartment, you must get the tenant’s written consent to the rent hike. If you don’t do this properly and the tenant challenges the rent hike by filing a rent overcharge complaint with the Division of Housing and Community Renewal (DHCR), you could lose out on the rent hike.


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How to Respond to Tenants Who Pose Health or Safety Risks

Sep 5, 2013

By Eileen O’Toole, Esq.

Sometimes staff or neighboring tenants may complain about behavior by a tenant that poses a health or safety risk. They may say that a neighbor keeps animals that he’s unable to care for, or simply keeps too many. They may complain that a tenant allows his apartment to become so dirty and cluttered that there’s an offensive odor, vermin infestation, and serious risk of fire. Or a tenant may repeatedly harass other...

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Keep Tenant Who Breaks Lease Early on the Hook for Rent Owed

Aug 22, 2013
Pay_Rent_Through_Lease_Term.pdf

If a tenant tells you that she’s moving out before her lease ends and she stops paying rent, it usually isn’t a big deal. In the best case scenario, you’ll be able to quickly re-rent the apartment to a qualified tenant and apply the former tenant’s security deposit toward any unpaid rent. So the tenant wouldn’t be on the hook for anything.


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How to Discourage and Wipe Your Building Free of Graffiti

Jul 24, 2013

Building owners and managers often complain about graffiti. It’s not only unsightly but can lead to other problems. It can deter people from wanting to rent at your building, lower the quality of life there, and invite additional crime. Also, if you don’t remove the graffiti within a reasonable time and tenants complain, the Division of Housing and Community Renewal (DHCR) could issue a building-wide rent cut based on reduced services.


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When to Include Engineer/Architect Fees in MCI Increase Applications

Jun 21, 2013

When you get a major capital improvement (MCI) performed at your building, you may hire a consultant such as an engineer or architect in addition to the contractor doing the work. For example, you may hire an engineer when you get your building’s parapet replaced. Can you include the engineer’s or architect’s fees as part of the cost of the MCI when you calculate your rent increase?


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