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

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.

Four Tips to Avoid Penalties for ‘Commingling Residents’ Security Deposits

By Karen Schwartz Sidrane, Partner -- Published June 1, 2009

Historical Archives
Disclaimer: The laws in effect at the time these articles were written may have changed so our firm makes no representation of their accuracy today.

Owners must be careful about where they keep the money residents give them as security deposits. A security deposit is not in the same category as a rent check or other type of payment an owner may receive from a resident. Technically. the security deposit belongs to the resident. Although you hold it while the resident lives in your building, it is not your money unless and until the resident moves out leaving unpaid rent or damage to the apartment.

Properly Calculate Interest on Rent Overcharge Amount to Avoid Triple Damages

By Steven Sidrane, Partner -- Published June 1, 2004

Historical Archives
Disclaimer: The laws in effect at the time these articles were written may have changed so our firm makes no representation of their accuracy today.

You probably know that if you promptly refund an overcharge to a tenant who has filed a rent overcharge complaint against you, the Division of Housing and Community Renewal (DHCR) shouldn’t hit you with triple damages for the amount of the overcharge. But to avoid that penalty, your refund must also include interest (currently set at 9 percent per year) on the overcharge amount, warns Steven Sidrane, of counsel to the Hewlett, N.Y., law firm of Sidrane & Schwartz-Sidrane, LLP.