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.
New York City has a large number of rental properties, both residential and commercial. As we have discussed in a previous post, a well-drafted lease is essential to reduce the risk of misunderstandings and disputes. But, when one party alleges a breach of the lease by the other party, or when a tenant fails to make timely rent payments, seeking relief through litigation is sometimes the only answer.
Unfortunately, during the course of a relationship between landlord and tenant, it is not uncommon that a disagreement or dispute arises. It is important to maintain professional interactions during a dispute to avoid additional problems.
The right to peaceful enjoyment of one's home is critical to New York City renters. A dispute with a landlord can shatter that peace very quickly. Residential tenants in New York have an array of legal rights, but those rights can be of little value if the tenant doesn't know about them. At Nadel & Ciarlo, Attorneys at Law, P.C., we represent New York residential tenants in connection with lease disputes, non-payment rent proceedings, holdover actions and nuisance and lease violation cases.
If you're a tenant or a landlord in New York, then you should know that short-term subleases through websites like Airbnb are prohibited. Additionally, most leases require the landlord's permission to sublease. Unapproved subleasing could result in eviction, and that may be the case for artist Eileen Hickey.
According to a lawsuit brought by a business association in East Harlem, the city was late in filing an eviction order against property owners who have held out against a development project. In 2010, a state appeals court ruled that the city had the right to buy out the landowners to move the development forward, but according to the owners' lawsuit, there was a three-year timeframe for filing the eviction order. The city was apparently four months late.