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Home » Topics » New York Apartment Law Insider » Feature

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How to Handle Tenant Who Tries to Dictate Who Makes Repairs

Jun 24, 2014
Service_Complaint_Answer.pdf

When it comes to apartment repairs, some tenants may be highly opinionated about all aspects of how the work should be done. In one case, an apartment needed painting and plastering, but the tenant wouldn’t allow the owner’s employees access to her apartment. She demanded that they use her paint. But there wasn’t enough of her paint to cover her apartment, and moreover, the tenant hadn’t moved furniture to provide access for painting [888 Grand C...

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Use Witnesses to Block Pass-Ons to Family Members

May 27, 2014

When you sue to evict a tenant’s family member who claims to have pass-on rights to the apartment after the tenant dies or moves out, you should try to get witnesses to testify that the family member didn’t live at the apartment. Having witnesses will bolster your case. And, as various court decisions show, witnesses could make the difference in whether the court will allow you to evict the family member.


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RGB Vote on Preliminary Guidelines Sets Stage for Unprecedented Rent Freeze

May 9, 2014

On May 5, the Rent Guidelines Board (RGB) approved preliminary numbers for increasing rent-stabilized rents. The board approved rent hikes of between 0 and 3 percent for one-year renewal leases and increases of between 0.5 percent and 4.5 percent for two-year renewal leases commencing between Oct. 1, 2014, and Sept. 30, 2015. Additionally, the RGB approved a sublet allowance between 0 percent and 10 percent and a special guideline for decontrolled apartments equal to th...

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How to Comply with New Smoke Detector Requirements

Apr 24, 2014
Smoke_Detector_Notice.pdf

In late December 2013, Mayor Bloomberg signed new smoke alarm regulations that came into effect in April 2014. Local Law 112 of 2013 was signed to address the public safety concern that apartments may be equipped with smoke alarms that no longer function properly. Properly installed and working smoke alarms can provide an early warning of the presence of fire, allowing sufficient time for occupants to escape. But all too often batteries that power alarms are either remo...

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Follow Five Rules to Avoid Source-of-Income Discrimination

Mar 21, 2014

In New York City, the NYC Commission on Human Rights is charged with enforcing local fair housing laws. The New York City Human Rights Law is one of the most comprehensive civil rights laws in the nation. The law prohibits discrimination in housing based on race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity and sexual harassment), sexual orientation, disability, marital status, and partnership status. In addition,...

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How to Collect 2014–15 MBR Increases for Rent-Controlled Units

Feb 24, 2014

The Division of Housing and Community Renewal (DHCR) recently updated its Web site with the necessary forms you have to fill out to start the process for increasing the rents of your rent-controlled apartments during the 2014–15 maximum base rent (MBR) cycle. Once you receive the orders of eligibility, you can raise your MBRs by 8.3 percent over their 2012–13 levels. The MBR increase for this cycle is higher than the 7.8 percent increase used in 2012–1...

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Four Reasons You Can Use to Legally Refuse Tenant's Sublet Request

Jan 27, 2014
Refuse_Sublet_Request.pdf

If a rent-stabilized tenant asks your permission to sublet an apartment, you may legally refuse that request only if you have a good reason. Owners can’t “unreasonably” say no to a sublet request, according to the state’s sublet law [Section 226-b of the New York Real Property Law]. But what’s a good—that is, “reasonable”—reason for saying no?


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How to Calculate Rent Increases for Temporarily Exempt Apartments

Dec 18, 2013

Rent-stabilized apartments are sometimes temporarily exempt from rent stabilization. For example, while they’re occupied by the owner they are considered exempt. But when a new tenant moves in, the apartment reverts back to stabilization. In addition, you can collect the rent guidelines increases you missed out on while the apartment was exempt by pretending you increased the rent during the exempt period. And in some instances you may be able to collect a first r...

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Charging Extra Fees for Items or Services—What’s OK, What’s Not

Nov 21, 2013

You may believe you have a right to charge extra fees to rent-stabilized tenants for certain items or services. For example, you may want to charge your tenants a fee for paying rent late or for taking over use of the elevator when moving furniture into their apartments.


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Use Five Arguments to Avoid Rent Cuts Over Service Complaints

Oct 24, 2013

As an apartment building owner, you constantly face the prospect of rent-stabilized and rent-controlled tenants getting rent cuts over service complaints. The Division of Housing and Community Renewal (DHCR) has the authority to grant rent cuts for a wide variety of service problems.


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