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Airbnb

NYC Short Term Rental Laws

Frequently Asked Questions on the laws regarding short term rentals in New York City

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What Rights Do The Commercial Tenants Have Against Their Landlords?

This article will outline the general procedures and notice requirements that landlords must follow in the eviction process along with other rights commercial tenants may have against their landlord.

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NY Courts Uphold Lease Provisions That Waive a Commercial Tenant’s Right to Seek a Declaratory Judgment

A declaratory judgment is a legal determination by a court of party’s rights, obligations, or duties that clears the air as to legal uncertainty for litigants. In most court cases, the plaintiff may ask for damages or other court orders, however the plaintiff in a declaratory judgment action asks the court to resolve an uncertainty so that it can avoid future confusion in regards to legal matters between the parties.

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Helpful Information About Renters' Insurance

‍When shopping for renters insurance, the most important thing to understand is what's covered under your policy. That might sound like rather simplistic advice, but each insurance company has different exclusions and coverage limits you need to be fully aware of. Not understanding what's excluded, what's covered, and for how much could lead to problems and frustration down the road when you have to file a claim.

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Tenant

Tenant Lease Buyouts

NYC tenants have the ability to rent a free market apartment or a discounted rent apartment.

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Airbnb

Landlords’ Liability to the City for Airbnb Violations Issued by the DOB

When it comes to violations issued by the Department of Buildings (DOB), landlords risk the possibility of thousands of dollars in fines and, in extreme situations, complex litigation initiated by the City

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Rent

Landlord and Construction Personnel Beware of ECB and DOB Violations

Beware NYC landlords and construction personnel, the New York City Environmental Control Board (ECB) and Department of Buildings (DOB) can make your life as a landlord and construction personnel much more difficult.

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Airbnb

Tips for Landlords if He/She Suspects Their Tenant of Engaging in Illegal Airbnb Activity

If an owner/landlord is suspicious that an apartment is being rented illegally to transient guests, the landlord should take the following steps:

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Airbnb

The Evolution of the Airbnb Landscape in NYC

The State of New York has been cracking down on Airbnb activity in NYC

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Tenant

New Tenant Protection Program Combating Landlord Harassment

Tenants who have been threatened with harassment and displacement have an updated tenant protection program to look out for. Earlier this month, the De Blasio Administration announced a new program titled, “Certification of No Harassment (CONH) Pilot Program.”

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Tenant

Succession Rights: Who is a Family Member?

“Succession” concerns legally defined “Family Members,” inheriting a rent-regulated apartment through renewal leases and/or protections from eviction.

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Tenant

Succession Notice Requirements: Notifying Your Landlord of “Family Members”Residing in Your Apartment Who May be Entitled to Succession Rights

“Succession” concerns legally defined “Family Members,”[1] inheriting a rent-regulated apartment through renewal leases and/or protections from eviction. Please visit a previous article to get a better understanding of succession. [2]

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Tenant

Understanding Succession Rights of a Rent-Regulated Apartment

“Succession” concerns legally defined “Family Members,”[1] inheriting a rent-regulated apartment through renewal leases and/or protections from eviction.

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Airbnb

Profiteering as a Rent Stabilized Tenant: An Incurable Ground for Eviction

The emergence of Airbnb and other platforms have caused many tenants to commercialize their apartments, thereby profiteer. This article aims to provide guidance regarding whether or not a tenant can cure the profiteering of their Rent-Stabilized apartment.

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Airbnb

Profiteering as a Rent Controlled Tenant: An Incurable Ground for Eviction

The emergence of Airbnb and other platforms have caused many tenants to commercialize their apartments, thereby profiteer. This article aims to provide guidance regarding whether or not a tenant can cure the profiteering of their Rent-Controlled apartment.

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Airbnb

City Council Votes to Pass Regulation Forcing Airbnb to Disclose its Listing Information

Recently, the New York City Council voted unanimously to require Airbnb to disclose the names and addresses of its hosts to the city’s Office of Special Enforcement. If Airbnb fails to comply and disclose the names and addresses of its hosts, the City could impose a fine up to $1,500.00 for each listing. Airbnb has responded with its own lawsuit on behalf of one of its hosts [1]. The bill is now awaiting final approval and signature from Mayor Bill de Blasio.

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Airbnb

Airbnb and the Short-Term Leasing Law – What is forbidden?

In 2010, the New York State legislature amended the Multiple Dwelling law (“MDL”), to clarify the 30-day minimum required stay for rentals in multiple dwellings.

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Airbnb

Potential Environmental Control Board Violations for Airbnb Hosts or Landlords

The Housing Maintenance Code, Building Code, and Zoning Resolution are some of the statutes that could come into play during short-term rentals/Airbnb violations.

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Commercial Realestate

Understanding a Good Guy Clause

A Good Guy Clause, (“GGC”) is a lease provision typically found in commercial leases that allows a landlord to release a tenant from liability in the event the tenant does not complete the lease period. Today, the GGC is favored among start-up businesses or businesses that are apprehensive towards signing a time bound lease.

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Rent

Understanding Your Tenancy Status in NYC: Are you a Rent Stabilized Tenant?

New York City is home to about one million rent-regulated apartments. Rent laws in NYC aim to regulate how much landlords can charge tenants and aim to protect the rights of tenants by ensuring affordable housing. This article will provide a brief overview of Rent Stabilization and guidance on determining whether you are a rent-stabilized tenant.

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DWI

Understanding Your Rights and The Consequences of a DWI Charge

When a police officer pulls you over, what you say and do in those few moments can have a significant impact on the types of charges you may face and the type of legal issues you may encounter in court. DWI/DUI charges are one of the more serious crimes that a person can be charged with and handling these types of situations can be complex. This article provides some tips when engaging with police officers after being pulled over for a DWI and provides guidance on understanding the various charges you may be facing.

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Pets

NYC Pet Law: Living with Your Pet in a No-Pet Building

Many New Yorkers live in housing that does not allow pets. However, many either would like to get a pet or have a pet despite the existing no-pet clause in their residential lease. This article will provide guidance in understanding the New York City pet laws and help one weigh the potential risks of having a pet in a no-pet building.

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Airbnb

The Potential Property Liability Issues When One Hosts or is a Guest on Airbnb: Premises Liability, Nuisance, and Property Damage

Airbnb and other online market place hospitality services have become more and more popular for both guests and property owners seeking temporary housing or additional income. The manner in which an Airbnb host operates their property can affect both the host’s and guest’s legal rights. Specifically, this article will address the potential liabilities arising out of personal injury and tort law. Airbnb hosts and guests both face the prospect of personal and property losses when engaging in the home sharing event – listing an apartment on Airbnb, renting an apartment on Airbnb.

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Tenant

Understanding And Negotiating Buyout Agreements

Real Estate development in New York City is constantly expanding and in turn, has recently led to some changes in Real Estate law. As development expands, landlords have decided to take on measures to evict rent-stabilized tenants in the hopes of obtaining more money for their units.

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Eviction

Renter Beware: A Brief Overview of Laws Governing Airbnb and Short-Term Occupants, Sublets, and Roommates in New York

For several years, the City and State of New York have adopted a variety of legal measures in increasing attempts to curtail the use of Airbnb and the proliferation of short-term rentals the platform has facilitated throughout New York City. Airbnb has been the subject of extensive controversy and litigation in New York.

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Tenant

Overview Of Cases On Prevailing Party Status For Attorney Fee Awards In Non-Payment Abatement Cases

When a tenant-respondent receives a partial abatement after a trial in a non-payment proceeding that is brought by a landlord-petitioner, where the landlord otherwise obtains a judgment for rent arrears, which party, if either, is entitled to attorney’s fees?

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Commercial Realestate

Rent Accelaration Clause is Enforceable in Commercial Leases

This case involved the enforceability of a rent acceleration clause for future rental payments, from an out of possession tenant. The facts of the case involve the landlord who had leased the premises to the Globe Alumni Student Assistance Association for one year, for use as a dormitory by Globe Institute of Technology (Globe), an educational institution.

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Realestate

Relocating to Care for Ailing Mother a Defense to Non-Primary Residence Proceeding

This case concerned the unsuccessful appeal of a summary holdover case, by which the landlord of the property tried to regain possession of a rent stabilized apartment, on the grounds that it was not used as a primary residence. The case was originally dismissed in a non-jury trial at civil court, following the assertion that a long term absence (in this case 40 years) was still in keeping with primary residence purposes.

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Realestate

Bronx Senior Successfully Dismisses Landlord’s Holdover Petition for Having Late Night Visitors

Judge Diane E. Lutwak found that Petitioner, Walton Avenue Senior HDFC, failed to state a cause of action for eviction. The Petitioner, alleged that Hiran Santana’s failure to obey the House Rules was a substantial violation of his tenancy.

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Realestate

No Holdover Proceeding for Bronx Tenants Who Harbored Dog Openly and Notoriously

Landlord, 167 LLC, commenced a summary holdover proceeding against rent-stabilized tenants, Francisco Muniz and Martha Mendoza for harboring a pet dog in violation of the lease’s no pets clause.

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Rent

LANDLORD CAN’T SUE TENANT FOR CHRONIC NONPAYMENT WHEN APARTMENT WAS IN NEED OF REPAIRS

Landlord, as limited by its briefs, appeals from so much of a final judgment of the Civil Court of the City of New York, New York County (Cheryl J. Gonzales, J. ), entered on or about January 9, 2015, after a nonjury trial, which dismissed the petition in a holdover summary proceeding.Per Curiam.

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Commercial Realestate

COURT PERMITS TENANT TO AMEND COMPLAINT ALLEGING PREVIOUS LANDLORD FRAUDULENTLY REMOVED APARTMENT FROM REGULATION

The tenants’ initial rent was $1,700.00 per month, increasing throughout the years to $1, 872.00 per month.

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Cases

Bikram Singh Law, P.C. gets the case dismissed!

This is a holdover summary eviction proceeding premised on the claim that Respondent has sublet or assigned his rights of occupancy to his rent stabilized apartment to other named individuals without permission of the landlord.

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Rent

Appeal to Vacate Money Judgment Rejected

In this case a tenant’s application for appeal to vacate a portion of monetary recovery awarded to the landlord in the final judgment, was rejected.

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Rent

Respondent is Entitled to Succession

This case had failed at first instance and then again on appeal, due to the petitioners’ inability to highlight the lack of relevant legal issues, as put forth within the respondents’ succession defense.

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Rent

Landlords claim New York appeals court favors tenants

Landlords are crying foul after a string of decisions by the New York Court of Appeals under Chief Judge Jonathan Lippman that they say have reinterpreted state law in favor of tenants.

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Rent

Renters’ Rights in Co-op and Condo Apartment Buildings

Many cooperatives and condominiums contain renters who live in investor- or sponsor-owned apartments. And although those tenants live in the same building as the resident-owners, they might as well, in some cases,

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Rent

The warranty of habitability – bed bug infestation

The warrant of habitability is implied in every lease agreement. It requires your landlord to keep the premises in a safe, livable and sanitary condition.

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Commercial Realestate

Judicial Estoppel in a Commercial Lease

Tenants argued landlord was judicially estopped form denying their status as a month-to-month tenant as it previously asserted same in prior proceedings.

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Eviction

Tenant is granted full abatement for constructive eviction period

Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Jack Stoller, J.), after a nonjury trial, entered on or about April 15, 2013, which dismissed the petition in a nonpayment summary proceeding, and awarded tenant a net money judgment in the principal sum of $6,535.78 on his first and second counterclaims.

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