Tenants and public officials alike fear a wave of mass evictions is coming once New York’s moratorium on evictions expires next month. Governor Andrew Cuomo instituted the moratorium to prevent people from being evicted during the coronavirus quarantine, when a stay-at-home order was still in effect. With many people still out of work due to the coronavirus pandemic, some tenants have been unable to pay rent for the duration of the crisis, and landlords are already preparing to evict non-paying tenants once the moratorium expires in August. Continue reading “Fears of Mass Evictions as Moratorium Set to Expire”
The New York City Rent Guidelines Board has voted to freeze rent on regulated apartments for one year, starting September 2020 and extending to October 2021. The purpose behind the rent freeze is to help residents of regulated apartments to endure through the coronavirus pandemic, as many New York City residents remain out of work. The move has angered advocates for both renters and landlords, who see the vote as a compromise that satisfies no one. Continue reading “NYC Freezes Rent for Regulated Apartments for One Year”
In a recently issued executive order, New York Governor Andrew Cuomo has extended the state’s moratorium on rent for an additional two months through August 20, 2020. The moratorium, which began in March, suspended all legal action to evict tenants who fail to pay rent while the moratorium is in effect. While landlords have reacted poorly to the extension, tenant advocates are celebrating it as a reprieve from difficult economic circumstances caused by the coronavirus outbreak. Continue reading “NY Rent Moratorium Extended Through August”
A new law in New York State has changed the rules for landlords, preventing them from simply kicking tenants out of their apartments. Instead, landlords of unregulated apartments must now give thirty days’ notice if they intend to not renew a lease agreement, thus allowing tenants the opportunity to find new lodgings. It also forces them to give thirty days’ notice if they intend to increase the rent by five percent or more. Continue reading “Landlords Need to Give Notice Before Giving the Boot”
When you sign a lease to rent an apartment, there are a few basic expectations you probably have about your new residence. One is that you will actually be able to live in the space you’ve rented. While this might seem like a reasonable request, there are many landlords who do not hold up that end of the bargain. Fortunately, the law protects your right to livable conditions, with what is known as the warranty of habitability. Continue reading “The Warranty of Habitability”
Several groups that represent landlords in New York have sued to block new rent-control measures that were recently signed into law by Governor Andrew Cuomo. The new laws limit landlords’ ability to raise rent on rent-controlled apartments, even after their current tenants leave. This limits landlords’ ability to make money on those apartments, which they argue is an unconstitutional deprivation of their property rights. Continue reading “Landlord Groups File Lawsuit to Block New Rent Laws”
New York State Senator Michael Gianaris and New York State Assemblyman Brian Barnwell have introduced legislation that would do away with Major Capital Improvements (MCI) for apartments in an effort to protect tenants’ rights. According to an article from Crain’s New York Business, the MCI program began in the 1970’s which allowed landlords to make capital improvements to their buildings and pass the costs onto the tenants by raising their rents.
Continue reading “Eliminating Major Capital Improvements”
Landlord-tenant disputes can occur for numerous reasons with the most common issues arising due to the non-payment of rent.
According to the New York State Attorney General, the rental units are described as follows:
- Regulated Housing (rent controlled and rent stabilized);
- Unregulated Housing (private ownership);
- Special Housing (mobile homes, residential hotels, lofts); and
- Government-Financed Housing (section 8, public housing).
Eviction Isn’t Easy:
Navigating the Termination of Lease and Eviction Process
Evicting a tenant usually isn’t on your everyday “to-do” list. Unfortunately, while renting out space to another individual, conflicts may arise. According to landlordology.com, the top five common reasons for eviction are:
- Nonpayment of rent;
- Lease violation(s);
- Property damage;
- Illegal or drug-related activity; and
- Expiration of a lease.
Mayor de Blasio recently passed a law that would grant greater protection to tenants and prevent landlords from forcing them to move out of rent controlled and rent stabilized apartments.
The law is designed to prevent landlords from forcing tenants to move from rent controlled and stabilized apartments so that landlords can then re-rent the apartments and charge higher rents. Violation of the new law will result in significant fines. Landlords may face penalties for a first time offense ranging from $1,000 to $10,000 for engaging in prohibited tactics in an attempt to get tenants to vacate. Fines up to $20,000 may be imposed for additional violations.