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

Q & A
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Evicting Tenants for Renting Out Rooms as a B&B

Jan 28, 2010

Q I have a rent-stabilized building, and some of my tenants are are renting out their bedrooms to tourists. In effect, they are running a bed-and-breakfast business. What actions can I take to make them stop? Can I evict them?


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Agreeing to Rent Temporarily and Forgo Renewal Lease

Dec 28, 2009

Q There is a vacant rent-stabilized apartment in my building. I am considering renting it to a friend. The friend has agreed to give up the apartment when I want it back and is willing to sign a lease that says that the tenant agrees not to be entitled to renewal leases. Will this arrangement hold up in court if, for whatever reason, our relationship sours and I want him out?


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Requiring Renter's Insurance for Rent-Stabilized Apartment

Dec 28, 2009

Q Can an owner, as a condition of renting a rent-stabilized apartment, require a tenant to carry renter's insurance?


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Informing Tenant Unsanitary Apartment Condition Is “Nuisance”

Dec 28, 2009

Q A tenant on the ground floor of my building keeps complaining about mice. I have had an exterminator visit every month, and he will continue to visit. However, she is the only tenant who complains of rodents, and the exterminator has told me, and her, that she has rodents because she does not keep her apartment clean. I am afraid her unsanitary apartment is going to keep attracting rodents as the winter approaches and possib...

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Performing Background Checks and Adding Nonspouse to Lease

Dec 28, 2009

Q Is an owner violating the Rent Stabilization Code by doing a background check before adding someone to the lease agreement and/or before issuing keys? Also, is the owner allowed to charge a vacancy increase by adding someone to the lease other than the spouse?

A The answer to the first question is “no,” according to a DHCR opinion letter dated May 27, 2009, by Bru...

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Eliminate Risk of Abandoning Tenant Claiming Illegal Eviction

Oct 26, 2009
ALI_November2009_Model Agreement_Get Signature When Tenant Abandons or Volunteers to Leave Apartment.pdf

Q One of my rent-stabilized tenants has been illegally subletting his apartment to someone for about five months. The tenant informed the subtenant that he was moving back to live in Algeria. When I found out about the situation, I gave the subtenant time to find another place. The subtenant has since moved out.


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Setting Rent for Unit Previously Rented to Commercial Tenant

Sep 28, 2009

Q One of my apartments had been commercially rented for three years and is registered as exempt from rent regulation. Now, I'd like to rent out the apartment to a residential tenant. How do I calculate the rent for an incoming rent-stabilized tenant? Is there a process to “bridge the gap” to set the new...

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Do MCI Rent Hikes for Elevator Upgrades Apply to First-Floor Commercial Tenants?

Jun 24, 2009

Q I have a mixed-use building with both commercial and residential tenants. When I apply for a major capital improvement (MCI) rent increase based on elevator upgrades and related engineering costs, will some of the MCI costs be passed on to the professional and commercial tenants in the building?


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Does Elderly Life Partner Have Succession Rights?

Jun 24, 2009

Q A tenant has just notified us that his girlfriend has been an occupant “domestic partner” for the past year by recently filing the “Notice to Owner/Succession Rights” DHCR form. The tenant is an 89-year-old rent-controlled tenant in a Mitchell-Lama building, and his 72-year-old girlfriend moved in with him a year ago. She gets her mail delivered there, and she pays for some household expenses, but the...

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Failing to List Improvements on Annual Apartment Registration

Apr 1, 2009

Q If I made improvements to a rent-stabilized apartment that qualify for a 1/40th rent increase, but I don't list those improvements on the annual rent registrations that I file with the DHCR, will I be disqualified from collecting the rent increase for them?


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