Singh & Rani LLP
NYC Landlord-Tenant Attorneys
Landlord-tenant law in New York City is complex with many overlapping laws, rules, and regulations that can be confusing for landlords and tenants alike.
At SINGH & RANI, LLP we approach each case individually, considering every fact and law to develop the most efficient and effective way to handle your case.
SINGH & RANI, LLP makes it our responsibility to know every facet of New York City landlord-tenant law in order to best serve our clients’ needs.
We ceaselessly study and follow the ever-changing New York City laws to stay current on landlord-tenant issues.
Because NYC landlord-tenant laws are so complex, SINGH & RANI, LLP has developed this simplified guide to help landlords and tenants understand the given terminology:
Tenant Buyouts: A Buyout occurs when the landlord offers to pay the tenant a set amount of money in exchange for the Tenant vacating the apartment. A Buyout typically involves a rent-regulated apartment. Buyout Agreements and proceedings in NYC are complicated and are filled with legal issues that make the process confusing and arduous. Additionally, hiring an Attorney for your Buyout negotiations may allow you to maximize the value of the agreement.
Commercial Holdovers: A Commercial Holdover occurs when a commercial tenant remains in possession of the commercial property after a previous lease has expired.
Commercial Nonpayment Proceedings: A commercial nonpayment proceedings occurs when a commercial tenant fails to deliver rent in accordance with a lease agreement.
Eviction Notice: An Eviction Notice is generally written letter from the landlord to the tenant asking the tenant to either comply with the lease (pay rent) or to vacate the property.
Non-Primary Residence Issues: When a rent-regulated tenant does not occupy the rent-regulated apartment as their primary residence, a landlord can initiate a non-primary residence proceeding to evict the tenant. A tenant can demonstrate that the rent-regulated apartment is their actual home by producing among other documents, the following evidence: (1) Tax Returns with the rent-regulated address; (2) Driver’s License with said address; (3) Motor Vehicle Registration with said address; (4) Phone and Utility Bills with said address; and (5) Voter Registration with said address and any other documents that may be relevant.
Sublet Issues: A sublet occurs when a prime tenant rents all or part of a rented property to a subtenant. The prime tenant rents out the property from the landlord. A subtenant is someone who has the right to use and occupy rental property leased by the prime tenant. A subtenant has responsibilities to both the landlord and the tenant. A prime tenant must often get the consent of the landlord before subletting rental property to a subtenant. If the tenant does not get consent of the landlord, then the sub-tenancy would be illegal. Additionally, subletting your rent-regulated apartment for profit is forbidden.
Licensee and Squatter Holdovers: A licensee is someone who resides in the apartment with the permission of the landlord or the tenant without paying rent. A squatter is a person who came into the apartment without permission from the landlord and does not pay any rent.
Article 78 Proceedings: An Article 78 proceeding serves as a uniform device to challenge the activities and decisions of an Administrative Agency in Court.
Orders to Show Cause: An Order issued by the Court that a party appear in Court on a specified date and time to give reasons (show cause) why an Order requested by the opposing party should not be made.
Rent Stabilization: Rent Stabilization sets maximum rates for annual rent increases and entitles tenants to receive required services from their landlords along with lease renewals. The rent guidelines board meets every year to determine how much the landlord can charge in rent for the rent-stabilized apartment.
Rent Control: Rent Control is a means of limiting the amount of rent charged by landlords on tenants.
Section 8: The term “Section 8” refers to a specific government policy (Section 8 of the U.S. Housing Act of 1937 42 U.S.C. 1437(f)) allowing for government payments to landlords on behalf of low-income residents.
Nonpayment Proceedings: A Nonpayment Proceeding is initiated by the landlord when a tenant fails to deliver rent in accordance with the lease terms.
Rent Overcharges: When a landlord overcharges a rent-regulated tenant or a prime tenant charges a subtenant above the legal regulated rent. An example of an overcharge is when the legal regulated rent is $2,000 a month, but instead the landlord charges and tenant pays $2,500 a month.
Rent-Regulated tenant: A rent-regulated tenant is either a rent-controlled or rent-stabilized tenant.
Pets in Apartment: A lease agreement between a landlord and tenant will outline whether a tenant can have a pet in their apartment. The New York City Administrative Code § 27-2009.1, overrides a no-pet clause in a residential lease. Under the Pet Law a landlord has waived their right to enforce a no-pet clause if: (1) the tenant has kept a pet “openly and notoriously;” (2) the landlord or their agent (super) has known or should have known of the pet for three (3) months or more; and (3) the landlord does not begin court proceedings within three months of gaining knowledge of the pet.
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The information above is intended to provide limited information only and is not legal advice. The laws relating to apartment sharing, sublets, and/or the use of Airbnb in New York are complex. If you are a party to a matter concerning the use of Airbnb or short-term rentals, or otherwise need further guidance in this or a related area of law, Singh & Rani, LLP can assist you.