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December 07, 2025
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Home » Topics » New York Apartment Law Insider » Feature

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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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Win Nonprimary Residence Cases with Proper Evidence, Latest Court Decisions

May 7, 2009

Because of the limited supply of rent-stabilized and rent-controlled apartments, state law requires rent-regulated tenants to use them as a primary residence. Oftentimes, tenants will try to hold onto rent-stabilized or rent-controlled apartments they no longer live in. These tenants may be trying to hold onto the apartments for occasional residences or as places for friends to stay. Fortunately, you can evict tenants who don't use their apartment as their primary r...

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Gather Adequate Proof for Noisy Tenant's Eviction Proceeding

Apr 1, 2009
ALI_May2009_Model Form_Use Noise Complaint Form to Get Witness Cooperation.pdf

The most common tenant complaints deal with loud and disruptive neighbors. Your tenants may constantly be complaining of a neighbor's loud music, shouting and arguments, or barking dogs. And sooner or later, if asking the noisy tenant to stop does not work, you may have to start eviction proceedings. It's that, or risk the continuing anger of other tenants in your building.


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How to Negotiate a Wireless Company's Rooftop Lease

Mar 18, 2009

In these challenging economic times, owners are stretched to think of new ways to generate revenue. Installing storage lockers for rental and providing advertising space are two ways to boost revenue, but the proliferation of cell phones, broadband, paging, wireless Web, and related technologies makes leasing rooftop space for antenna installation another highly profitable option.


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File Proper Forms, Avoid Missteps When Rerenting Decontrolled Apartment

Feb 1, 2009
ALI_February2009_Model Form_Have Tenant Acknowledge Initial Registration Receipt.pdf

When a rent-controlled tenant dies leaving behind no legal successors, voluntarily moves out, or is lawfully evicted, his apartment automatically becomes “vacancy decontrolled.” When any of these situations occur, it is important to file all the necessary forms with the Division of Housing and Community Renewal (DHCR) when rerenting the decontrolled apartment.


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Prevent Former Super from Becoming Rent-Stabilized Tenant

Nov 29, 2008

If you are not careful when you hire a super who will live in a rent-stabilized apartment in your building, the super could maintain rights as a rent-stabilized tenant when he later quits or is fired from his job.

By law, the building superintendent is an employee of the owner. But the owner-employee relationship can become confusing if the owner treats the super as a tenant as well.


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