Media & Publications - Page 4 of 5 - Sidrane, Schwartz-Sidrane, Perinbasekar & Littman LLP

Rediscovering Discovery in Eviction Proceedings After Regina Metro

By Miles F. Altarac -- Published November 17, 2020

Tenants do not have an automatic right to discovery in housing court. Thus, they must seek permission of the court to perform discovery. Generally, in non-payment, and even holdover proceedings, in Housing Court, it is very common for a tenant to interpose a defense or counterclaim of rent overcharge. When a tenant makes such a claim, the next step is to make a motion seeking the rent history of the apartment in order for the tenant to attempt to bolster the claim of rent overcharge. Following the passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) on June 14, 2019, the rules regarding discovery in summary eviction proceedings were vastly altered.

DHCR Notice of Public Hearing

By Michael Littman, Partner -- Published August 20, 2020

DHCR NOTICE OF PUBLIC HEARING

Wednesday, September 9, 2020 from 10:00 am to 4:30 pm

In response to the Governor’s Directive to take every effort to keep New Yorkers safe and mitigate the spread of Covid-19, and pursuant to Executive Order 202-1, and its updates, the New York State Division of Housing and Community Renewal (DHCR) will be conducting public hearings via teleconference. Instructions for members of the public to simultaneously view or listen to the meetings will be posted to HCR’s website for the Office of Rent Administration (“ORA”) under the Regulatory Information – Notice of Public Hearing section prior to the meetings (https://hcr.ny.gov/office-rent-administration-ora). The hearings will later be transcribed, and the public will have the ability to view the transcripts on ORA’s website. The hearing will be held on Wednesday, September 9, 2020 from 10:00 am to 4:30 pm.

Update on Housing Court Proceedings

By Michael Littman, Partner -- Published August 14, 2020

Our Process Servers are open and ready to serve and file papers.

DHCR Has Extended the Deadline for Filing Annual Rent Registrations to September 30, 2020

By Michael Littman, Partner -- Published August 3, 2020

In response to the Governor’s directive to take every effort to keep New Yorkers safe and mitigate the spread of COVID-19, the novel coronavirus, the following is being directed with respect to processing and other procedures affecting the Office of Rent Administration (ORA) and Tenant Protection Unit (TPU) of the New York State Division of Housing and Community Renewal (DHCR) under The Rent Stabilization Law, The Emergency Tenant Protection Act, and the New York State and New York City Rent Control Laws.

Update on Housing Court Proceedings

By Michael Littman, Partner -- Published July 31, 2020

Our Process Servers are open and ready to serve and file papers.

How to Respond to Modification Requests From Residents With Disabilities

By Michael Littman, Partner -- Published July 22, 2020

When must you install accessibility features like wheelchair ramps, shower grab bars, etc. – and who pays? What if a tenant with a disability wants to make –and pay for– alterations to her apartment? When can you deny such requests, and how can you do so without running afoul of fair housing law?

Market Reinvigorated: The Impact of Regina Metropolitan on the Rental Building Market

By Arun Perinbasekar, Partner -- Published June 1, 2020

Following the passage of the Housing Stability and Tenant Protection Act (HSTPA) on June 14, 2019, investors in residential rental properties collectively discovered that the value of their buildings were substantially diminished. Since all rental histories were subject to review under HSTPA, neither a seller nor a buyer could have security about the reliability of a building’s rent roll. Effectively, all rental histories were subject to scrutiny and the potential for rent overcharge liability was devastating. Without perfect recordkeeping it was hard make representations as to the reliability of rents.

The Four Year “Look Back” for Rent Overcharges

By Michael Littman, Partner -- Published May 16, 2020

The four (4) year “look back” for Rent Overcharge cases has been fully reinstated for overcharges that occurred before June 14, 2019 following the recent Court of Appeals decision, Regina Metro v. DHCR.

Express Your Interest in Service of Free Market Apartment Termination Notices

By Michael Littman, Partner -- Published April 22, 2020

We have been contacted by our process server who is gauging interest in service of 30/60/90 day Notices of Termination for free market apartments. The process server cannot serve any other types of notices at this time. The process server is considering opening for the limited purpose of serving only 30/60/90 day notices. Due to the current crisis the process server will be charging $150.00 per service, plus the costs of mailings. Additionally, payment of fees will need to be prepaid.

Highest Court Greatly Restricts Tenants’ Claims for Rent Overcharge

By Michael Littman, Partner -- Published April 3, 2020

In a sweeping decision deciding four rent overcharge cases, Regina Metropolitan Co., LLC v. DHCR; Raden v. W7879, LLC; Taylor v. 72A Realty Associates, L.P., and Reich v. Belnord Partners, LLC the Court of Appeals, the highest Court in the State of New York, determined that the newly enacted Housing Stability and Tenant Protection Act (“HSTPA”) does not apply to overcharges that occurred prior to the passage of the law.