Looking to Remove your Building from Rent Stabilization? Substantial Rehabilitation Pitfalls

In the past few years the DHCR has made the requirements for substantial rehabilitation more difficult. Prior to the application process Owners should be aware that in order to succeed on a claim of substantial rehabilitation they must establish a building was substantially deteriorated prior to the renovation (this is presumed if the building is 80% or more vacant); that 75% of all building wide systems must be fully replaced; that all surfaces in common areas (walls, ceilings and floors) must be replaced; and that the renovation work be full compliance with law and DOB requirements. The Owner needs to substantiate these requirements through documentary evidence and affidavits of professional engineers and architects.

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Air Conditioning Surcharge Update

The DHCR has updated the Thirty Sixth Annual Update of Section B of Supplement No. 1 to Operational Bulletin 84-4 for the Air Conditioning Surcharge.

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Landlord Rental Assistance Program (LRAP)

The New York State Landlord Rental Assistance Program (LRAP) is now open and accepting applications.  This program provides rental assistance for landlords whose tenants are unwilling to apply for the Emergency Rental Assistance Program (ERAP), including where the tenant has left the rental property.

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Reduce or Waive Property Tax Interest

Property Tax Interest Abatement Program

If you have unpaid New York City property taxes and you were impacted by COVID-19, the Property Tax Interest Abatement Program may be able to help.

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ERAP funds now expanded to middle-income renters

Governor Kathy Hochul has now expanded the Emergency Rental Assistance Program (ERAP) to middle-income renters previously ineligible for rental assistance.

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Reminder – Report Change in Ownership or Address to DHCR

  • If there has been a change in the Owner/Managing Agent or a change in the address for the Owner/Managing Agent of a Rent Stabilized building, you are required to report this change to the New York State Division of Housing and Community Renewal (DHCR) within 30 days of the event.

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HPD Deadline to Register is September 1, 2021

  • Property owners of residential buildings are required by law to register annually with HPD if that residential property is a multiple dwelling (3+ residential units) or a private dwelling (1-2 residential units) where neither the owner nor the owner’s immediate family resides.

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Supreme Court of the United States Temporarily Lifts Part of New York’s Eviction Moratorium

On August 12, 2021, in a 6-3 decision in favor of Landlords, the United States Supreme Court issued an injunction against enforcement of Part A of the COVID Emergency Eviction and Foreclosure Prevention Act (“CEEFPA”). Part A of CEEFPA permitted tenants to file a self-certified COVID-19 hardship declaration which generally was not subject to challenge and prevented landlords from obtaining Court dates.

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New Renewal Lease Form from DHCR

The New York State Division of Housing and Community Renewal (“DHCR”) has issued a new Renewal Lease form (Form RTP-8 (6/21)) pursuant to RGB Order #53.  This Rent Stabilized Renewal Lease form should be used for Renewal Leases commencing on or after October 1, 2021 and on or before September 30, 2022.

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Proposed Legislation Seeks Radical Changes

On June 7, 2021 a bill was introduced in the New York State Senate which may have a profound impact on the industry’s understanding of what is required to charge a “first rent” or obtain exemption following substantial rehabilitation. It has been long rumored that changes were to come. THE BILL IS NOT YET A LAW. However, it may become law in the near future.

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