WHICH EX-CON WILL YOU HAVE TO RENT TO? You have an apartment for rent. Maybe it’s the second floor of the four family house you live in. Will you be forced to ignore the criminal records of your prospective tenant … Continue reading →

Last month, one of my clients called to discuss whether he could negotiate with a tenant who approached him seeking a buy-out to move out of a rent stabilized apartment. He had read about a new law that considers some … Continue reading →

If your building contains 6 or more dwelling units, it is subject to the Rent Stabilization Code. In the case of very long-term tenants, apartments may also be subject to Rent Control.

If you are not familiar with Rent Stabilization or Rent Control, the first step is to log on to the following page at the Department of Housing & Community Renewal (DHCR): About Office of Rent Administration Operations and Services.

This page will give you a preliminary look at what rent regulation is and how it affects your property.

Very generally, rent regulatory statutes, administrative and health codes, and myriad other rules and regulations govern the maximum amount of rent you can charge and the grounds upon which you may evict a tenant. They also dictate which family members must be added to a lease and which can inherit your apartment upon the death of the tenant of record. In fact, just about every aspect of the management and profitability of your building is covered by local or state statutes. You should take the time to get acquainted with the basics. After that, feel free to ask questions.

A holdover action is used if you want your tenant removed, whether or not the rent is paid. The action will ask for a monetary judgment for the amount owed but will, primarily, seek possession.

If your building is subject to Rent Control or the Rent Stabilization Code, you may only evict a tenant for reasons and by methods specified in the codes. Similarly, if your tenant has a lease, even if your building is not rent-regulated, the lease will dictate the circumstances under which a tenant can be evicted prior to the lease expiration date. Generally, these reasons include the following:

• Breach of Lease
• Failure to Renew Lease
• Illegal Sublet/Licensee
• Nuisance
• Owner Occupancy
• Squatter
• Non-Primary Residence

A non-payment proceeding is used when your main objective is to collect rent rather than have your tenant removed. This action should end in a money judgment for the amount owed and a date certain by which it must be paid. If the tenant complies with the terms of the judgment, the case is over and the tenancy continues. If the tenant does not comply, you will have the right to have a New York City Marshal evict your tenant and give you legal possession of the premises.