Citing concerns about the effects that widespread evictions might have on the spread of the coronavirus, the Centers for Disease Control (CDC) has extended the federal eviction moratorium until December 31, 2020. In effect, this means that all evictions across the country, including in New York, must halt until the end of the year. However, this extension is not automatic, and tenants will need to advocate for themselves to avoid being evicted from their homes. Continue reading “Federal Eviction Moratorium Extended Until December 31, 2020”
Governor Andrew Cuomo signed an executive order on March 20, 2020 creating a 90-day moratorium on all residential and commercial evictions. In practice, this means that no one in New York State can be evicted from their rented property until at least June 20, 2020. The purpose of the moratorium is to ensure people can remain in their homes and properties during the coronavirus outbreak, limiting the spread of the disease. Continue reading “Governor Cuomo Suspends Evictions During Outbreak”
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.
Recently, the New York State Attorney General’s Office reached a settlement with a real estate developer protecting tenants’ rights and prohibiting an unfair buy-out agreement. In an effort to convert a historic Manhattan apartment building into a luxury condominium, the landlord illegally induced tenants to leave. Before the developers received approval to put the apartments on the market, they illegally bought out tenants, many of whom had resided at the location for many years.