Media & Publications - Page 5 of 6 - Sidrane, Schwartz-Sidrane, Perinbasekar & Littman LLP

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.

Housing Stability and Tenant Protection Act of 2019

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

Pursuant to the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”), building owners must file with the DHCR a Notification Form for all Individual Apartment Improvements (“IAIs”) made in vacant and occupied apartments. The filing of the Notification Form needs to be accompanied by “Before” and “After” photographs of the improvements.

New Changes in Landlord/Tenant Laws

By Michael Littman, Partner -- Published October 24, 2019

We are here to address your concerns regarding the new Landlord/Tenant laws that went into effect on June 14, 2019. Here is a short summary of the key aspects to be aware of:

Luxury Deregulation Applications 2019

By Michael Littman, Partner -- Published March 4, 2019

The deadline to file 2019 Applications for High Income Deregulation is quickly approaching.

We’ve Changed Our Name!

By Michael Littman, Partner -- Published February 25, 2019

Our law firm is proud to announce a name change!

Buyout Guide

By Arun Perinbasekar, Partner -- Published November 11, 2015

A new law takes effect on December 2, 2015 designed to prevent Owners from harassing tenants through the offering of buyouts. The new law, modifies Section 27-2004 of the Administrative Code of the City of New York, the Housing Maintenance Code, and adds new definitions for harassment.

Below you will find a sample letter to send to tenants/occupants about buyouts.

Another Win on Illegal Subletting – AirBnB

By Steven Sidrane, Partner -- Published June 17, 2015

Rent Stabilization-Tenants “Engaged in Profiteering by Renting Out” Their Apartment “to a Series of Short-Term Transient Tenants” for Commercial Purposes on Airbnb-“Such Brazen and Commercial” Exploitation of a Rent Stabilized Apartment Significantly Undermines the Purpose and Integrity of the Rent Stabilization Law and Code and Is “Incurable.”

A landlord commenced a holdover summary proceeding, seeking to recover an apartment, after the expiration of a 10-day notice of termination (notice) and a 10-day notice to cure. The notice to cure alleged that the rent-stabilized tenants, “were not primarily residing in the apartment and were illegally subletting the apartment in substantial violation of the terms of their lease.” The tenants denied the allegations and asserted that they reside in the apartment.

DHCR Giving Little Guidance on How to Amend Registrations

By Arun Perinbasekar, Partner -- Published October 2, 2014

The DHCR’s most recent amendments to the Rent Stabilization Code now require that an owner seeking to amend past registrations file an application to amend unless the amendment has been directed by the DHCR or a court.

When no order has been issued, the DHCR has provided little guidance as to how amendments are to be applied for, and in what instances applications will be granted. No forms, fact sheets, or operational bulletins have been published. The owner is left to apply for an administrative determination, and hope for the best.

Individual Apartment Improvements: What’s Eligible?

By Karen Schwartz Sidrane, Partner -- Published January 11, 2014

There is no official DHCR list of eligible Individual Apartment Improvements (“IAIs”). While DHCR’s Fact Sheet # 12 does provide some guidance, the lack of an MCI-type list of eligible W work has always caused some uncertainty for property owners who have found it necessary to rely upon case-by-case determinations by the agency. This uncertainty has been put into sharper focus in light of the creation of DHCR’s Tenant Protection Unit (“TPU”) in 2011. Since that time, DHCR has issued hundreds of audit notices to owners, seeking lists of itemized costs of individual apartment improvements with the caveat that any undocumented or unexplained increase at the audit stage could, if not refunded, result in treble damages in the future. As a result, at this critical juncture we have reviewed numerous DHCR administrative decisions and opinion letters to collect the following list of eligible improvements and ineligible repairs.