When a real estate dispute erupts between a housing authority and a tenant, the results may not be in favor of allowing a tenant to stay. In some cases, this might violate a tenant's rights, in which case a tenant might want to appeal. That's what's happening in this case, which has caught the media's attention.
Many New Yorkers are housed in units that are either rent-controlled or rent-stabilized, and while the two terms are similar forms of rent regulation, they are not synonymous.
When a tenant signs a lease, the landlord then has a contractual obligation to allow the person to live in the property. Even though the landlord owns the property, the tenant cannot simply be thrown out without cause. However, there are legal reasons that tenants can be evicted.
Once the terms of a commercial lease have been finalized after hours of careful negotiation and the necessary signatures are appended to the document, both property owners and tenants often breathe a sigh of relief, confident that the matter is effectively resolved and eager to turn their attention to other pressing matters.
In a city like New York that is so rife with people who are renting a place to live, it is unavoidable that there will be disagreements between landlords and tenants. In some instances, they have to do with non-payment rent proceedings or nuisance and lease violation cases. There could be numerous reasons why there are lease disputes. Each side, the tenants and the owners, must have a full understanding of their rights under the law and legal assistance to come to a satisfactory resolution.
Disputes between landlords and tenants are unavoidable in New York. Given the large number of people who live in apartments or who are renting from another person in a private house, such issues as lease disputes, holdover actions, non-payment rent proceedings and nuisance and lease violations can crop up and lead to complicated disagreements from the perspective of both the tenant and the landlord. Having a grasp on how city laws can help to avoid these issues or protect those who believe the laws have been violated. Of course, if there is a problem or a legal violation, litigation is always an option.
When New York real estate developers acquire land for a project, they often need to demolish any existing buildings on the site before commencing construction. If the old structures include apartment buildings, they need to find a way to move tenants out of their homes. If the apartments are subject to New York's rent regulation laws, this often means negotiating a buyout with the tenant. And in recent years some of these buyouts have soared to tens of millions of dollars.
Landlords in New York have the ability to consult a "blacklist" of tenants who have taken disputes to housing court. Actually, there are multiple lists maintained by different companies. Tenants who are named in holdover actions or non-payment rent proceedings may later find out their names have been added to one or more lists. Landlords often reject prospective tenants whose names are on a list.
Owners of residential buildings in New York City understand the importance of a well-drafted lease. The lease is the foundation of the relationship between landlord and tenant. It is a legally binding contract that will likely be consulted by both sides in the event of a dispute between the parties. And in New York, more so than many other cities, it must comply with a myriad of state and local laws. A well-drafted lease agreement can help a landlord avoid expensive lease disputes with tenants.
In New York City, a large number of people own real estate and have tenants in residential structures. While in many cases this goes smoothly and without any lasting problems, it's unavoidable that lease disputes, problems with tenants or landlords and other issues will arise. One issue that frequently comes up involves holdover actions. With holdover actions, the goal is to evict the resident who is not a tenant and it is not due to the failure to pay rent. In order to move forward with holdover actions, there must be predicate notices in place.