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Home » Topics » New York Apartment Law Insider » Feature

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Submit Tenant Protection Plan, Post Notices for Buildings Occupied During Construction

Sep 20, 2018

Last year, the city’s focus on tenant harassment culminated in Mayor de Blasio signing a package of bills into law that gave sweeping protections to renters against tenant harassment and unsafe living conditions. Among the bills signed into law was one for an Office of the Tenant Advocate within the Department of Buildings that will monitor various protection plans for tenants and respond to complaints from tenants about construction problems.

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How to Comply with NYC's New Smoking Policy Rule

Aug 27, 2018
ALI_2018_09_MPol_Smoking.pdf

In August 2017, New York City passed Local Law 147, which requires residential buildings with three or more residential units to create a policy on smoking and to share it with current and future tenants. For years, the city has banned smoking in the common areas of buildings with 10 or more apartments. With the passage of this law, which takes effect Aug. 28, 2018, the city extended this prohibition to include buildings with three or more units.


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FDNY Proposes Changes to Fire Safety Guides, Distribution Requirements

Jul 26, 2018

The New York City Fire Department (FDNY) recently proposed a rule that would change the content and delivery of the annual residential fire safety guides. A rule is a type of law that is proposed and adopted by a city agency. The rulemaking process generally takes a minimum of 60 days, and during this period, agencies are required to provide New Yorkers with an opportunity to review and comment on the proposed rules. The comment period on FDNY’s proposed rule rega...

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Q & A on Collecting Security Deposits from Rent-Stabilized Tenants

Jun 20, 2018

When renting rent-stabilized apartments, you probably require security deposits from tenants, in case they cause any damage. A security deposit is money that a tenant deposits with the owner of the apartment for the repair of any damages to the apartment for which the tenant is responsible. Various laws govern how you must collect, retain, and refund these security deposits.

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City Council Approves Fire Safety Bills for Residential Buildings

May 22, 2018

The City Council recently voted to approve a series of eight fire safety bills with the goal of making residential buildings safer. The bills were created in response to the Dec. 28, 2017, Bronx fire that killed 13 people, making it the city’s deadliest fire in more than a quarter century. According to fire investigators, the fire was started by a 3-year-old boy playing with burners on the stove. The boy’s mom grabbed her two kids and dashed out the door, le...

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How to Avoid Violating NYC’s Expanding ‘Tenant Harassment’ Laws

May 9, 2018

By Eileen O’Toole, Esq.


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Avoid Rent Overcharge Finding If No Rent Was Charged on Base Date

Apr 19, 2018

When you defend against a tenant’s rent overcharge complaint, you must prove that you didn’t illegally increase the rent after the apartment’s base date. Section 2520.6(f) of the revised Rent Stabilization Code defines the base date as the date four years before the tenant filed the complaint, or the date the apartment first became subject to rent stabilization, whichever is later.


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Follow Four Rules to Guard Against Race Discrimination Claims

Mar 27, 2018

Last October, the Fair Housing Justice Center (FHJC), a New York City-based nonprofit civil rights organization, filed a lawsuit against an apartment building owner for allegedly defying housing discrimination laws. The owner, through its employees, allegedly lied to African Americans about the availability and rental rates in at least one Brooklyn apartment, turned back applicants with public rent assistance elsewhere, and made children undergo unnecessary lead tests.


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Q&A on HPD's Alternative Enforcement Program

Feb 23, 2018

Mayor Bill de Blasio recently announced that 250 apartment buildings have been placed in the Department of Housing Preservation and Development’s (HPD’s) Alternative Enforcement Program (AEP). The AEP was established in 2007 with the New York City Safe Housing Law (Local Law No. 29 of 2007). This law called for an annual list of different multiple dwellings with high counts of the most serious building code violations based on a broad set of criteria, includ...

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Follow Five Dos & Don’ts When Tenant Denies Access for Repairs

Jan 26, 2018

If a rent-regulated tenant has filed a reduced service complaint with the DHCR, you’ll need access to the tenant’s apartment to investigate the complaint and make any needed repairs. You’ll also need access to make repairs if you’re trying to get the rent restored after a rent cut order has been issued. If the tenant denies access in either of these situations, you must follow the DHCR’s no-access policy to avoid a rent cut or get the rent ...

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