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Home » Blogs

Blogs

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Chatrani Sereena Ramprashad

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Andrew I. Bart

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Height and Weight Join the Long List of Protected Classes

Jun 5, 2023
Andrew I. Bart Esq.

New York City recently enacted a bill that adds two new additions to the lengthy list of protected classes under the New York City Human Rights Law. The law, which will go into effect on Nov. 22, 2023, makes it illegal to discriminate against an apartment buyer, renter, job applicant, independent contractor, or current employee based on the person’s perceived weight and height.

New York City joins six other cities and one state that passed similar legislatio...

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Jillian N. Bittner

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The Legislature's Continued Assault on the Real Estate Industry

In its latest attempt to violate the Regina ruling, the Legislature has proposed retroactively changing the method for calculating rents in apartments affected by the Roberts ruling.
Jun 14, 2023

By Niles C. Welikson and Jillian N. Bittner

In its latest attempt to violate the Regina ruling, the Legislature has proposed retroactively changing the method for calculating rents in apartments affected by the Roberts ruling.

 


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Eileen O'Toole

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How DHCR Awards Tenants Attorney's Fees in Overcharge Cases

Apr 22, 2021

Among the many amendments made to New York’s rent stabilization laws by the Housing Stability and Tenant Protection Act of 2019 (HSTPA) were new provisions making attorney’s fees mandatory for tenants represented by counsel who make successful rent overcharge claims. At the same time, there is no provision in the amended laws for an owner to recover attorney’s fees in the event that it successfully defends against an overcharge claim. As amended, Rent ...

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Adam Leitman Bailey

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Demolition: One of the Last Ways to Deregulate a Building

Apr 5, 2020

With the June 2019 passage of the Housing Stability and Tenant Protection Act (HSTPA), owners are desperately seeking ways out of rent regulation in an attempt to recapture the profitability their buildings previously had. Two such exit strategies are “substantial rehabilitation,” available only to deteriorated buildings, and “demolition,” generally available to rent-stabilized buildings regardless of their condition.


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Todd I. Nahins

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Housing Court Post-Pandemic: Plagued by Delays

Feb 27, 2023

By Todd I. Nahins, Senior Partner, Borah, Goldstein, Altschuler, Nahins and Goidel, P.C.

The last time I wrote on the state of the Housing Court was over four years ago; I was not happy with the delays in obtaining trial dates and the length of time in which the judges took to render their decisions. Now I long for those days.


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Victor Metsch

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Court Orders Tenant to Wear Mask

Mar 31, 2021

A tenant who flouts building rules and disregards the city’s mask mandate is likely to spark complaints from neighbors and staff members who are concerned about their health. The eviction moratorium doesn’t mean a landlord can’t take the matter to court. Consider the recent case of a Brooklyn landlord who sought injunctive relief and a temporary restraining order against a tenant based upon nuisance conduct that created health and safety risks affectin...

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Steven Sidrane

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The Case for Renting to Not-for-Profit Housing Agencies

May 2, 2019

As most of the landlord/tenant bar members are aware, not-for-profit housing providers abound in the city for the homeless, persons in recovery, and persons with disabilities who require transitional housing. When the apartments they lease are within a rent-stabilized building the question often arises as to what rights these organizations have under rent stabilization. The appeal of renting to not-for-profit agencies is that owners rent to one tenant, one contact, rece...

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Karen Schwartz-Sidrane

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New DHCR Rules on Improvements Limit Owners’ Investments

Jul 16, 2016

The DHCR persists in taking away owners’ incentives to improve apartments, as the agency has now moved into the realm of Individual Apartment Improvements or “IAIs.” On May 6, 2016, the DHCR issued Operational Bulletin 2016-1 (OB 2016-1), supplanting DHCR Policy Statement 90-10. 


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William Neville

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Stay Vigilant to Avoid Hefty Fines for Illegal Sublets

Apr 5, 2017

Life as a landlord in New York City requires owners to suffer insult and injury. An example is when a rent-stabilized tenant illegally sublets the apartment on websites like Airbnb for short-term rentals. Usually, the tenant is profiteering. The tenant charges a daily rent that is much more than the legal registered rent that the owner is limited in collecting. If the landlord charges more than the legal rent, the tenant will be awarded treble damages. So, the owner pro...

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Craig Notte

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Friends Are Chosen, But Neighbors Come with the House

Dec 1, 2016

In New York City and the boroughs, where space between buildings can be minimal, building owners often need access to neighboring property to perform repairs, whether for erecting scaffolding, hanging in airspace, or standing on a roof. Similarly, new construction often depends on the ability to enter upon, near to, or below a neighboring building, sometimes for long periods of time. The law does not permit trespass, but at times, trespass is the only option. What shoul...

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Niles C. Welikson

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Court of Appeals Permits Retroactive Application of HSTPA to Vitiate Final Deregulation Orders

A recent decision shows how politics dictate not only the law but its application by the state’s highest court.
Jan 7, 2025
Niles C. Welikson

A recent decision shows how politics dictate not only the law but its application by the state’s highest court.


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