Tanya Hobson Williams' New York Real Estate Blog

Buyouts as a Method of Tenant Harassment

As New York City rent prices continue to increase, the demand for housing has made rent-controlled apartments an even more precious commodity. Indeed, many landlords seeking to earn a sizeable profit in the current sellers’/renter’s market have engaged in “buying out” their tenants’ lease agreements.

In some situations, a buyout can effect a sizeable and worthwhile payout to both the landlord and the tenant. However, there has become an increasing trend of meager buyout offers to lower-income tenants. These paltry offers, if successful, have the potential to displace lower income individuals in the face of New York’s ever increasing rental prices. Furthermore, recent reports have suggested that these buyout offers have been used more as instruments of illegal tenant harassment than simple mutually-beneficial business propositions. Continue reading “Buyouts as a Method of Tenant Harassment”

Bronx Landlord Accused of Race Discrimination

A Bronx landlord is accused of discriminating against prospective black tenants, telling them there are no vacancies available moments after telling white applicants that the building has open apartments. According to the lawsuit, secret recordings were made by undercover testers that allegedly revealed blatant discrimination by the landlord via hidden microphones.

The Fair Housing Justice filed the federal lawsuit against J.J.A. Holding Corp., a company accused of lying to prospective black tenants who were inquiring about two buildings in the Woodlawn section of the Bronx. In both cases, audio recordings catch rental agent Ray Brij-Raj telling the black candidates that there were no vacancies in the buildings right after he told white candidates there were, the suit alleges. Continue reading “Bronx Landlord Accused of Race Discrimination”

Discrimination Against Tenants in Brooklyn

Tenants in Brooklyn, New York are claiming their landlord is discriminating against them and trying to force them out of their rent-controlled apartment. African American tenants of Homewood Gardens Estates in the Prospect Lefferts Garden neighborhood have filed a federal lawsuit against the complex and owner Yeshaya Wasserman. They allege the landlord failed to make repairs and seldom cashed rent checks in a scheme to evict them from their rent-controlled apartments. Residents claim white and Asian tenants don’t face the same treatment

“He fails routinely to cash rent checks and then turns around and sues plaintiffs for allegedly not paying their rent,” attorney for the residents, Pavita Krishnaswamy said. One woman who’s lived at the apartment complex for over 14 years said she’s gone without hot water for over a week and the landlord barely ever responded to her countless repair requests over the years. Continue reading “Discrimination Against Tenants in Brooklyn”

Landlord Accused of Denying Tenants’ Plans to Build a Gay Bar

The owner of an establishment named Lulu’s in Brooklyn New York is worried about going out-of-business after his Long Island based landlord denied his attempts to convert his business into a gay bar earlier this April.

Tenant John McGillion, had hoped to revitalize his pub and take advantage of the growing gay and lesbian population in the Greenpoint area. However, a clause in his lease agreement stated “The leased Premises shall be used by Tenant as a restaurant and bar. It shall not be used for adult entertainment and shall not be operated as a gay or lesbian bar and/or restaurant.”

As a result of the clause, McGillion maintains that he is unable to make ends meet and argued in his filing documents that he is “barely scraping by on the proceeds of the bar,” all as a direct consequence of the unfair lease clause. He added: “If I am permitted to operate a gay bar at the premises I believe that I will be able to make a considerable profit.” Continue reading “Landlord Accused of Denying Tenants’ Plans to Build a Gay Bar”

Bronx Residents Claim Landlord Is Ignoring Tenant Safety

Bronx residents and local officials are urging a Jerome Park landlord to update security after a string of burglaries at the Bronx apartment building. Tenants of the building claim they have been robbed blind over the past two years, and some are even convinced that it may be an inside job.

Despite reporting the thefts to the 52nd Precinct and landlord (American Rental Masters), tenants at the 49-unit building say nothing has been done. They claim that the thefts have been a tenant safety issue for over 2 years!

Continue reading “Bronx Residents Claim Landlord Is Ignoring Tenant Safety”

New York City Tenant Sues Landlord for Negligence

Almost everyone has heard of a story about someone walking into their apartment and realizing they’ve been robbed. But have you ever heard of a story where they stole the bed, the curtains and everything in between? Well that’s what Upper East Side resident, Nilay Shroff, is claiming he experienced in October 2013, when he found his apartment stripped of almost everything in an apparent “mistaken robbery.”

Mr. Shroff, a 27-year-old software maker alleged that late one night in October 2013, he entered his Yorkville apartment to find the shock of a life time; almost everything was gone. Once police arrived, Shroff and the officers became suspicious of the incident since the apartment burglary did not fit the details of a usual occurrence in multiple ways. Continue reading “New York City Tenant Sues Landlord for Negligence”

New Changes to Rent Stabilization Law in New York

January of this year, Gov. Andrew Cuomo signed into law numerous amendments to the system of rent stabilization in New York State. Both landlord and tenants agree that the new amendments strongly help tenants’ rights, while limiting those of landlords.

Currently, laws impose a four-year limitation on checking rent history, but now regulators will be able to look back more than four years to determine whether there was ‘a fraudulent scheme’ to destabilize the apartment. Tenants can also go directly to the state to request rent reductions because of service complaints, whereas before they were required to first inform the landlord.

Additionally, the state will begin to enforce and keep tabs on whether or not a building has any housing violations, and they will reject a landlord’s request to increase rent if any violations exist. Previously, they state would only look up violations if someone filed a complaint. Landlords will also be required to make “extensive new disclosures” when they increase rents, so there will be more oversight from the state. Continue reading “New Changes to Rent Stabilization Law in New York”

Gov. Cuomo Ensures Fair Immigrant Housing for Renters

Earlier this January, Gov. Andrew Cuomo announced that he has ended the reported harassment and intimidation of mainly Spanish-speaking immigrant tenants in nearly 1,800 apartments by reaching a settlement with Castellan Real Estate Partners/Liberty Place Property Management. The official agreement is between the New York State’s Tenant Protection Unit (TPU) and the real estate company which owns nearly 49 buildings in Harlem, Washington Heights, Brooklyn and the South Bronx — the sites of the alleged mistreatment.

The allegations against Castellan, that led the TPU to open its investigation earlier this year, included failure to provide renewal leases; false fees on individuals’ rent statements when tenants have payment receipts; and requesting tenants provide documents proving income or Social Security numbers to determine citizenship status, all of which are illegal to do to existing leaseholders. Continue reading “Gov. Cuomo Ensures Fair Immigrant Housing for Renters”

Suburban Commercial Real Estate Market Makes a Comeback

After announcing its death when vacancy rates hovered around 20% to 30% during the most recent recession, the suburban office market has suddenly resurrected. The office market recovery has reached outside the city limits, more specifically into so-called “premier” locations where technology- and energy-related companies are driving growth.

According to CoStar, suburban markets have accounted for 87% of office demand, which is 13% more than their “fair share” based on the total market size, compared with CBD office markets. Suburban areas leading the way include Waltham-Watertown, Massachusetts; northwest Austin, Texas; Bellevue, Washington; at Katy Freeway West, Texas. Such markets make up just 19% of the office inventory but drew 29% of the demand over the last six quarters, according to CoStar data.

Suburban office absorption tends to perform well during good economic times and when the economy starts to recover, while CBD properties do better during difficult economic times. That’s because companies can take advantage of lower rental rates so they can secure space closer to the urban areas. But with the economy improving, office rental rates are starting to increase and many companies are staying away from the pricey CBD buildings and finding affordable rates outside the cities.

This is showing up in the net absorption rates. Cities with high absorption rates in their outlying areas include Sacramento and San Jose, California; Austin, Texas; Kansas City, Missouri; and Charlotte, North Carolina.

When it comes to commercial real estate, it’s not just about location. It’s also about representation. Before entering into any such transaction, please consult with an attorney who is experienced in commercial real estate law.

NYS Attorney General Blasts City Councilwoman’s Eminent Domain Idea

New York State Attorney General Eric Schneiderman said that a plan by City Councilwoman Melissa Mark-Viverito to have the city seize properties using eminent domain as a way for homeowners to avoid foreclosure is something that is not viable.

Ms. Mark-Viverito, who represents East Harlem, is proposing that the city take ownership of the homes away from banks so that troubled homeowners can keep their homes. Mr. Schneiderman says that it can be risky for the city — or any other municipal government — to acquire private property this way, adding that if the city attempts to do this and it’s not done the right way, there could be unfavorable legal consequences for the city.

Mr. Schneiderman cited a similar plan adopted by the city council in Richmond, California that is facing skepticism. On September 11, the Richmond City Council voted 4-3 to allow the city to acquire “underwater” homes from lending institutions so borrowers can stay in their houses. The bill passed, 4-3. Those who voted against the bill said it would open the city to lawsuits and face a backlash from the lending industry.

Bottom line: Don’t wait for eminent domain to save your home. If you are facing foreclosure, contact our office or another attorney experienced in handling these matters. There are a number of legal options available to you.