Summary proceedings that Landlords may commence in Housing Court
Non-Payment Actions: If a tenant is not paying rent and is accruing arrears you may start an action to collect the arrears owed or evict if the tenant does not comply with the terms of the stipulation entered into or after trial decision.
Holdover Actions: If a tenant is violating the terms of their lease you may commence an action for one of two results- (1) to require the tenant to cure the violation or (2) to evict.
Examples of Holdover actions are- Access, AirBnB, Appliance, Chronic Non-Payment, Collyer (i.e.: hoarding, excess dirt and smell), Drugs, Failure to Recertify, Income Verification, Lease Expiration, Licensee (a resident that is not on the lease is occupying the apartment), Month-to-Month, Non-Primary, Nuisance, Refusal to Renew, Sublet, Superintendent
The Process of a Non-Payment Action:
First, a Default letter is sent to the tenant by Certified Mail notifying them that they are behind in rent. It is recommended that this notice be sent on or about the 6th of the month. if the tenant does not pay the arrears in full within five (5) days from service of the letter the case can then proceed to Rent Demand, a Fourteen (14) Day Notice. with This notice the tenant is a predicate to commencement of the proceeding and once again puts on the tenant notice that they are still in arrears. If the rent demanded is not paid within 14 days (allowing additional time to process and serve the demand), then the case can proceed to the Notice of Petition and Petition (Dispossess). Upon receipt of the Petition the tenant is required to go to Housing Court to obtain a court date. In court, our attorneys will enter into a stipulation with the tenant wherein a payment schedule is agreed upon and a judgment and warrant are obtained or the matter will be marked for trial. In the event that the tenant does not answer the Petition a Non-Military Affidavit will be sent to you to complete and return to our office to obtain a Judgment and warrant to continue towards eviction.
Providing Heat & Hot Water
Building owners are legally required to provide heat and hot water to their tenants.
Hot water must be provided 365 days per year at a constant minimum temperature
of 120 degrees Fahrenheit. Heat must be provided between October 1st and
May 31st, i.e. "Heat Season," under the following conditions:
Day: Between the hours of 6:00am and 10:00pm, if the outside temperature falls
below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.
Night:Between the hours of 10:00pm and 6:00am, the inside temperature is required
to be at least 62 degrees Fahrenheit.
In June 2019 new rent laws were passed. More detailed information is in the HSTPA 2019 PDFs below.
SCRIE - DRIE
In the past, the SCRIE/DRIE tax credit would apply to the RGB increase over the frozen rent –
from when the SCRIE/DRIE became effective
Now, it seems that SCRIE/DRIE will provide a tax credit from the preferential rent
Yes, the increases will be smaller in dollar amount but that is the least of your problems
SCRIE/DRIE will now have to recalculate all tax credits for all tenants in the city and the new
calculation will be the zero start date
For more information please see the PDF attached.
Important Information from DHCR Regarding IAIs:
Please be advised that on or about February 3, 2020, DHCR's Office of Rent Administration (ORA) will be releasing its new online service that will enable rental property owners to report information, now required by law, concerning Individual Apartment Improvements (IAIs) for rent-regulated apartments.
The Housing Stability and Tenant Protection Act (HSTPA) of 2019 required DHCR to develop a Notification Form to be filed with DHCR by building owners for all IAIs made in vacant and occupied apartments. The filing of the Notification Form needs to be accompanied by Before and After photographs of the subject improvement(s), which will be maintained by DHCR in an electronic format. In accordance with the HSTPA, DHCR has also developed a Tenant Informed Consent Form to be signed by tenants who consent to have an improvement made in their occupied apartment before it is filed by building owners with DHCR.
All owners who are planning on making IAIs in vacant or occupied apartments subject to rent stabilization or rent control are advised to prepare in advance and begin taking before and after photographs which will be required to be filed electronically along with the forms described above.
To file these forms, building owners will need to access DHCR's Owners Rent Regulation Application (ORRA) system on the DHCR website. Those owners who have never previously accessed ORRA will be required to email in order to acquire a User ID and Password. For the required information to include in the email, visit the ORRA webpage.
Please note, paper submissions of these forms will not be accepted.
Subletting Assignment :
ROSENBLUM & BIANCO LLP – A FULL-SERVICE LANDLORD-TENANT LAW FIRM
The need for a quality representation has been made more urgent by the recent enactment of the HSTPA and then the current global pandemic. In addition to our daily representation of owners, landlords and third-party management in the Housing Courts of the City of New York, Long Island and Westchester, Rosenblum & Bianco LLP represents these same parties in related actions including:
1. Residential and Commercial Post-Possession Collections – Collection work was a natural progression for us from our Landlord-Tenant practice. We can provide you with comprehensive collection services, from commencement to the action through to the garnishment of wages or bank accounts. John Bianco and Richard Byrne, an experienced collection attorney, have set up a division of our firm dedicated to collection work. Assisted by Paralegal Christine Martinez, and done on a contingency fee basis we handle residential, commercial and transactional collections.
2. DHCR Administrative proceedings – While we have been doing work for our clients at DHCR and other administrative agencies since our firm opened in 1992, we have recently revised and ramped-up our Administrative Law Department. Our experienced Paralegal, Blanca Zuna, is the point person in our office coordinating the intake of cases, collection of required documentation, and the calendaring of deadlines. All of our attorneys have extensive DHCR experience. The attorney assigned will work with Blanca and John Bianco to assure the timely submission of a detailed response to all proceedings, including those involving the T.P.U., Rent Overcharge, Rent Reduction, and Rent Restoration applications.
3. E.C.B. (Environmental Control Board) & O.A.T.H. (Office of Administrative Trials and Hearings) is an administrative court that conducts hearings on violations, summonses and tickets issued by City agencies, including the Department of Buildings (DOB), the Fire Department of New York (FDNY), Department of Sanitation of New York (DSNY), and Department of Environmental Protection (DEP). Our firm represents property owners at OATH hearings who have been issued violations, summonses and tickets by the above agencies and fight for the minimum fines.
4. Supreme Court proceedings – All Supreme Court actions, including our Article 78 proceedings are coordinated and handled by Josh Rosenblum and Tracy Boshart. Josh’s Executive Assistant, Afia Cannie assists in the preparation and filing of pleadings and motions.
5. Division of Human Rights – While several of our attorneys have experience in defending Human Rights complaints, both Josh Rosenblum and John Bianco are highly versed in this area of practice. As the number of filings has increased over the past few years, we are prepared to defend you in any Human Rights forum whether a NYC, NYS or Federal action.
6. COVID 19 Crisis Management – especially important now, Josh Rosenblum and John Bianco are fully informed of the impact that Covid-19 will have on your business, tenant collections and court proceedings. We can serve as consultants for the constantly evolving rules and regulations, including the CARES Act and SBA Loans, as well as the financial impact on management, rental collection, repairs and maintenance.
We encourage you to look to us to handle your full range of Real Estate Management service needs.