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Home » Topics » New York Apartment Law Insider » Q & A

Q & A
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Preserving Both Higher Legal Rent and Preferential Rent in Rent-Stabilized Renewal Leases

Aug 22, 2019

 Q As a result of the rent laws passed in June, I know that a preferential rent granted in a rent-stabilized tenant’s lease rider or provision must become the base rent upon lease renewal for that tenant, subject to applicable RGB renewal increases. I’m about to offer my tenant a renewal lease.

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FAQs About the NYC Pet Law and Assistance Animals

Nov 9, 2018
ALI_2018_12a_SI_MF_Asst_Animal.pdf

The federal Fair Housing Act (FHA) prohibits discrimination in the sale or rental of housing based on an individual’s disability, and requires a housing provider to make “reasonable accommodations” that are necessary for a person with a disability to fully use and enjoy his or her housing. This may include allowing tenants with a disability to keep an assistance animal, regardless of a “no-pets” policy. Under the law, an assistance animal i...

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Determining Fair Market Rent, Negotiating Initial Rent of a Decontrolled Apartment

May 24, 2017

Q A rent-controlled tenant is vacating. There are eight apartments in my building. The other seven apartments were previously rent controlled or rent stabilized. As they became vacant, I renovated each apartment and then rented them, between the years of 2009 and 2012. They are currently all permanently exempt and not regulated. These are all the same size and “comparable” to the newly vacant apartment.


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Q & A on DHCR's J-51 Rent Registration Initiative

Mar 18, 2016

In January, Gov. Andrew Cuomo ordered owners who received J-51 tax benefits to re-register 50,000 units for rent protection. This followed New York courts’ decisions that any apartment subject to rent stabilization at the time that the J-51 benefits were received must register those units as rent stabilized. The order affected 4,149 buildings throughout the city; 1,986 in Manhattan, 859 in Brooklyn, 741 in Queens, 657 in the Bronx, and 16 on Staten Island.


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Painting Requirements of Rent-Controlled Apartments with Possible Asbestos

Jul 30, 2015

Q Our only rent-controlled tenant went to a local hardware store for a consultation regarding the replacement of her approximately 45-year-old hard wood floor. The tenant claims that the salesperson found out that there’s asbestos in the floor. She gave us the contact details of this person, but when we called him it turned out that he doesn’t work there anymore. A co-worker from the hardware store stated...

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Collecting Special Rent Increases Under RGBO No. 41

Nov 12, 2014

Q: Can I collect special rent increases for low-rent apartments that were issued under Rent Guidelines Board Order No. 41 and later challenged in court?


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High-Rent Vacancy Deregulation of Rent-Stabilized Apartment

May 27, 2014

Q How have the Rent Code Amendments of 2014 (RCA 2014) changed the process for deregulating rent-stabilized apartments through high-rent vacancy? Are there any additional forms to fill out?

A As before RCA 2014, if a rent-stabilized apartment with a legal regulated rent of $2,500 or more per month is vacated, the apartment qualifies for permanent deregulatio...

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Preventing Fraud in Affordable Housing

Apr 24, 2014

Q: The building I own receives tax benefits through the 421-a Affordable Housing Program. In exchange for these benefits, I must rent 20 percent of the apartments to low- to middle-income families and these units are subject to Rent Stabilization. To qualify for one of these coveted apartments, an applicant must meet strict household and income qualifications. If an applicant does qualify and becomes a tenant, he mus...

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Deciding Whether to Try or Settle a Nonpayment Case

Feb 24, 2014

Q: I recently filed a nonpayment proceeding against a tenant who now claims he’s applying for public assistance. I’m not sure how long the application process takes or whether he’ll even qualify for the assistance. But I suspect this may just be a delaying tactic. Under these circumstances, would I be better off going to trial or working out a settlement agreement with the tenant?


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Installing Security Cameras Without Violating Privacy Rights

Apr 27, 2012

Q I'm considering installing security cameras in common-area hallways and in the building elevator. Will tenants be able to successfully sue me on the basis of invasion of privacy and harassment?


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