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The recent appointment of Carmelyn Malalis as the new chair of the NYC Commission on Human Rights (CHR) has coincided with renewed legislative interest in the Commission’s fair housing testing program. Commissioner Malalis recently testified in front of the City Council regarding Intro. 689, which would establish a testing program to root out housing discrimination in New York City.
It’s difficult to keep track of the various painting requirements that apply to building owners. If you own a building with three or more apartments or own a one- or two-family building with a tenant-occupied apartment, you must comply with Sections 27-2013 and 27-2014 of the city’s Administrative Code. The city’s Department of Housing Preservation and Development (HPD) enforces these sections.
Tenants can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the owner. The lock may be no more than three inches in circumference, and tenants must provide owners with a duplicate key upon request. Any lease provision requiring a tenant to pay additional rent or other charges for the installation of an additional lock is void as against public policy and unenforceable (Multiple Dwelling Law § 51-c).
When a tenant passes away or moves out of your rent-controlled apartment without leaving behind any occupants who qualify as tenant-successors, the apartment becomes decontrolled or no longer subject to rent-control laws. If that apartment is in a building built before Jan. 1, 1974, containing six or more units at any time, it becomes rent stabilized. The owner must register the unit with the Division of Housing and Community Renewal (DHCR) by completing the Initial Apa...
Tenants sometimes treat their apartments as if they own them, making alterations without your consent. For example, a tenant may remove the existing kitchen cabinets and install his own. This could cause big problems, especially if the tenant’s alterations aren’t done properly. If the tenant makes structural alterations without a permit, you could get hit with a violation from the DOB.
Can you evict a tenant who alters an apartment without your consent...
To implement the January 2014 amendments to the Rent Stabilization Code, the Division of Housing and Community Renewal (DHCR) has issued revised versions of its rent-stabilized Renewal Lease Form, as well as the New York City Lease Rider for Rent-Stabilized Tenants and the High Rent Vacancy Deregulation Notice. The new Lease Rider must be added to both vacancy and renewal leases.
If you’re like most owners who discover that an illegal subtenant is living in a rent-regulated apartment, your first reaction may be to contact your attorney and sue in housing court to evict the tenant. But this course of action doesn’t always make sense. Housing court cases based on illegal sublets take time and can cost a lot. And even if you win, the tenant will usually get the chance to avoid eviction by getting rid of the illegal subtenant.
Although it’s currently a favorable rent regulatory environment for tenants in New York City, there are still a few ways to deregulate a rent-regulated apartment. One way that remains untouched by policy makers requires an owner to “substantially rehabilitate” their building to be exempt from rent stabilization.
Sooner or later even the luckiest owner gets stuck with a tenant who’s not paying rent. This makes it tougher for owners to make mortgage payments and pay bills such as employee paychecks, utilities, and insurance. But before you can sue to evict, you must ask the tenant to pay the rent owed and give him or her a chance to pay within a certain time period. In legal terms, this is known as a “rent demand.”
If you’re like most owners, you may be confused about what documents you’re legally required to include with the vacancy and renewal leases you offer to tenants. Both the city and federal governments have passed laws requiring you to include various documents with leases in certain situations. If you don’t include these documents, you run the risk of getting hit with costly penalties.
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