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If you are hit with a rent overcharge complaint from a rent-stabilized tenant and think the tenant may have a good case, consider trying to settle the case with the tenant before the Division of Housing and Community Renewal (DHCR) decides it. Settling the complaint has certain advantages—you can save time and money, and avoid worrying over an uncertain result.
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.
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.
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.
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.
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.
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 ...
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.
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.
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...