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When you hire an attorney to start a nonpayment case in housing court against a tenant, you'll want to get it resolved as quickly as possible. To make this happen, it's important to give your attorney all the information she needs right from the start. Otherwise you could face court delays or have your nonpayment case dismissed.
Owners and managers frequently receive a variety of complaints about their tenants' conduct. At some point, it's likely that you may field allegations about intolerable odors from a particular apartment, or about apartment conditions that create a breeding ground for insects, or give rise to fire hazards or other potentially dangerous situations. If these allegations are true, you may have a compulsive hoarder as a tenant.
When a nonregulated tenant's lease expires, an owner is under no legal obligation to renew it, unless the lease itself gives the tenant a renewal option. The situation is very different though for rent-stabilized tenants. Generally, as long as the rent is paid, you must offer renewal leases to rent-stabilized tenants.
If a rent-regulated tenant complains to the Division of Housing and Community Renewal (DHCR) about painting problems, such as peeling paint, in his apartment, you could get hit with a DHCR rent cut for reduced services.
When the tenant of a rent-controlled or rent-stabilized apartment dies or moves out, there's often someone still living in the apartment who claims to have “pass-on” or succession rights to it because he or she is the tenant's relative or has a family-type relationship with the tenant. If the claim is true, the relative of a rent-controlled tenant can stay on in the apartment as a rent-controlled tenant in his or her own right. The relative of a rent...
With the new school year approaching, more college-age students will be searching for housing in the New York City area. Campus housing is scarce in the city, and owners who provide housing for students are often rewarded with a steady stream of quality referrals. But when renting to students, you must be aware of the federal Fair Housing Act (FHA) and how it applies to students.
On June 24, 2011, New York State legislators passed new rent regulations codified in Chapter 97 of the Laws of 2011 (S-5856). Amid a push by Assembly Democrats and Gov. Andrew Cuomo to expand the law, the new laws call for a four-year extension of the existing regulations as well as changes that make it more difficult for owners to deregulate the city's one-million rent-stabilized apartments.
If you're planning a major capital improvement (MCI) in your building this summer, you may need access to a tenant's apartment to get the job done. For example, you may be installing new windows in the building, and to finish this project you'll need access to each apartment so that your contractor can remove the old windows and install the new ones.
At some point, you may find yourself suing a tenant in housing court to collect overdue rent and to evict the tenant if he or she doesn't pay. During the course of the case, the tenant may bring up any and all excuses to delay eviction. The tenant may claim that there are conditions in the apartment that need to be repaired or services that you haven't provided. Or the tenant may want more time to get an attorney or documents, and the tenant may ask the judge to...
After the beating your building probably took this winter, you may notice cracks beginning to form in your façade or at other points in your building. Some cracks might not need attention, while others could have serious structural consequences. But how can you tell the difference? Much of the time you can't, and expert advice is required.
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