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.
New York State Attorney General Eric Schneiderman has launched an investigation into the allegedly illegal tactics used to force rent-stabilized tenants out of their homes implemented by multi-million dollar landlord, Steven Croman.
According to reports, the Attorney General is investigating potential violations of city and state laws, including numerous infractions related to tenant harassment.
This week Schneiderman issued a “cease and desist” order to one of Cromans employees, ex-NYPD officer Anthony Falconite. Tenants allege that Falconite, a private investigator, has engaged in a campaign of harassment and intimidation in an effort to force them out.
According to recounts by numerous tenants, Croman regularly files frivolous lawsuits, ignores repairs, and resorts to a number of unsavory tactics in an effort to remove current tenants so that he can rent units at much higher rates. Continue reading “Attorney General Focuses on Landlord-Tenant Harassment Claim”
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”