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Home » Topics » New York Apartment Law Insider » Feature

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How to Handle Access to, Recovery of Deceased Tenant's Apartment

Jun 1, 2010

When the tenant of a rent-regulated apartment dies and there is no relative living in the apartment who claims to have “pass-on” rights, an owner is still left with a number of legal complications before the apartment can be recovered.


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How to Pursue Claim When Tenant Moves to Nursing Home

Jan 28, 2010

Suppose you find out that an elderly tenant has moved to a nursing home or senior citizens' facility. But the tenant has not given up his rent-regulated apartment in your building. Perhaps the tenant—or his family—doesn't want to face up to the fact that he'll never be able to return to his apartment.


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How Stuyvesant Town Decision May Affect Your J-51 Buildings

Nov 23, 2009

On Oct. 22, 2009, New York State's highest court dealt a devastating blow to the owners of the Stuyvesant Town and Peter Cooper Village complexes in Manhattan when it ruled that they improperly began charging market rents on thousands of apartments. In a 4-to-2 decision, the court said that the owners improperly raised rents beyond certain set levels at the complexes while receiving tax breaks from the city for major renovations.


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Avoid Rent Cuts on Heat and Hot Water Complaints

Oct 26, 2009

As winter approaches, heat and hot water complaints probably will be the most common type of service complaint you will face. A tenant may complain to the Division of Housing and Community Renewal (DHCR) of a problem in his apartment. Or a group of tenants may organize and file a building-wide complaint with the DHCR.


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What to Expect from New Elevator Inspection Requirements

Sep 28, 2009

After last year's two unfortunate crane accidents, the New York City's Department of Buildings (DOB) is making increased efforts to better manage its resources and increase the supervision of its inspectors. Now, the DOB has begun a program in which all of the DOB's crane and elevator inspectors are tracked using GPS technology in their department-issued cell phones.


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How to Comply with NYC Asbestos-Handling Requirements

Sep 28, 2009

Asbestos exposure has long been linked to an increase risk of cancer, particularly for workers in construction jobs involving the use of asbestos materials. Asbestos was used as a fire-retardant insulation in the construction of buildings long before it was known to pose severe environmental and health hazards. As a result, buildings built before the mid-1970s often contain asbestos insulation around heating systems, plumbing lines, and in ceilings and other areas. And ...

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How to Keep Tenants Off Roof, Minimize Liability

Aug 20, 2009
ALI_September2009_Model Letter_Prohibit Recreational Use of Roof.pdf

Hot temperatures during summer and early fall months make it tempting for tenants to go up on the roof and sunbathe, barbecue, or just cool off from their hot apartments. Unfortunately, allowing tenants on the roof of your building can cause you many problems, such as code violation citations and liability for property damage and injuries.


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How to Comply with New Facade Inspection and Reporting Rules

Jul 20, 2009

Earlier this year, the Department of Buildings (DOB) issued final rules on façade inspections that owners are required to conduct on their buildings that are greater than six stories high. The rules implement Local Law 38 of 2007 that staggered façade inspection and reporting deadlines to make it easier for owners to comply with the new requirements.


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How to Respond to Tenant’s Sublet Request

Jun 24, 2009
ALI_July2009_Model Form_Use Application to Gather Additional Sublet Information.pdf

Preferably, an owner wants to rent to a tenant who will stay in an apartment for at least the entire term of the lease. However, you will encounter tenants who, for various reasons, will want to leave temporarily before their lease ends and sublet their apartment. A sublet is a rental arrangement in which your tenant agrees to rent his apartment for a specific time period to another person, called a subtenant. Under this arrangement, your original tenant keeps the right...

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Four Tips to Avoid Penalties for "Commingling" Residents' Security Deposits

May 24, 2009

Owners must be careful about where they keep the money residents give them as security deposits. A security deposit is not in the same category as a rent check or other type of payment an owner may receive from a resident. Technically, the security deposit belongs to the resident. Although you hold it while the resident lives in your building, it is not your money unless and until the resident moves out leaving unpaid rent or damage to the apartment.


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