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Home » Topics » New York Apartment Law Insider » Feature

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How to Handle Unsafe Facade Conditions Caused by Tenants

Sep 1, 2012
ALI_September2012_Model Letters_Get Tenants to Remove Unsafe Facade Condition.pdf

Tenants can cause unsafe conditions on your building's façade, especially during the summer months. Tenants may start placing items on the window ledge, such as plants and flowers, for the sun exposure. Tenants may attach something to the façade itself, such as a clothesline to take advantage of the heat to dry clothes, or they may improperly install air conditioners in the window to escape the heat.


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Three Possible Arguments to Counter a ‘Late’ PAR Dismissal

Jul 30, 2012

Filing a petition for administrative review (PAR) with the Division of Housing and Community Renewal (DHCR) can be one of the most important dollars-and-cents steps you take. That's especially true if you're using the PAR to appeal a rent-cut order, a rent-overcharge decision, or the denial of a rent hike application. So nothing could be worse than having your PAR dismissed without even being heard, simply because the DHCR says it wasn't filed on time. In so...

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Gather Necessary Documents When Answering Overcharge Complaints

Jul 1, 2012

Rent-stabilized tenants who think they're paying illegally high rents can file rent overcharge complaints with the Division of Housing and Community Renewal (DHCR). To beat a tenant's overcharge complaint, you must file certain key documents with your “answer.” These documents help you prove that you've properly calculated the tenant's rent.


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How to Comply with Updated CO Detector Rules

May 30, 2012

Carbon monoxide (CO) is a particularly dangerous gas. In addition to being fatal in large enough quantities, it's odorless, colorless, tasteless, and nonirritating. Passed in December 2011 and effective as of April 25, 2012, Local Law 75 of 2011 requires building owners to replace their carbon monoxide alarms regularly, and the first deadline for doing so is approaching in October. The law amends a 2004 law that initially required owners to install these alarms by N...

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How to Deregulate Apartment by Renting to Professional or Commercial Tenant

Apr 27, 2012

If you have a vacant rent-stabilized apartment, you may be able to take advantage of a money-making opportunity. If you rent the apartment to a commercial or professional tenant who will use it solely for nonresidential purposes (for example, as a medical office), the apartment will no longer be covered by rent stabilization. In other words, you can negotiate with the professional tenant and charge whatever rent the market will allow.


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How to Avoid Discrimination Claims Based on Sexual Orientation and Gender Identity

Mar 27, 2012

This April marks the 44th anniversary of the Fair Housing Act's (FHA) passage—the landmark legislation signed into law on April 11, 1968, that prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, sex, and, as amended, disability or family status. In 2010, the Department of Housing and Urban Development (HUD) issued a report stating that more than 10,000 people filed housing discrimination complaints in 2...

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How to Make Tenants Remove Obstructions from Fire Exits and Hallways

Mar 27, 2012
ALI_April2012_Model Letter_Require Tenant to Remove Obstructions.pdf

Tenants sometimes obstruct fire exits, including fire escapes, with a variety of items. Department of Housing Preservation and Development (HPD) inspectors and the fire department routinely find such things as flowerpots, mops, buckets, brooms, and bicycles on fire escapes. These items could prevent escape from an apartment if there's a fire. Tenants also block public hallways with such items as bicycles or baby carriages. Such obstructions could prevent tenants fro...

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How to Deal with Repeated Service Complaints by Tenants

Mar 14, 2012
ALI_April2012_Model Form_Building-Wide Service Complaint Tracking Sheet.pdf

In the March 2012 issue, we discussed how to overcome stall tactics used by tenants to delay rent restoration orders. Oftentimes, tenants will try to introduce new service complaints for defective conditions after the Division of Housing and Community Renewal (DHCR) has issued a rent cut, at the time you've filed an application with the DHCR to reinstate the original rent.


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Defeat Tenant Tactics to Prolong Rent Reduction Orders

Feb 27, 2012

When you apply to restore the rent after getting hit with a rent cut for reduced services, tenants often try to delay or undermine your application. They'll do so by complaining of defective conditions that weren't listed in the original service reduction order. But you can defeat this stalling tactic by tenants. The Division of Housing and Community Renewal (DHCR) has ruled that the existence of defective conditions that weren't listed in the service reduct...

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How to Minimize Chances of MCI Application Processing Delays

Feb 9, 2012
ALI_February2012_Model Form_MCI Application Checklist.pdf

When you apply to the Division of Housing and Community Renewal (DHCR) for major capital improvement (MCI) rent hikes, you want the DHCR to process your application as quickly as possible and grant your rent hike. The sooner it grants your rent hike, the sooner you can start collecting it.


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