NYC Landlord Tenant Disputes
Landlord Tenant Disputes typically arise from disagreement over the general and/or specific obligations of the landlord or tenant. A clear and well-written lease or rental agreement on real property in should identify the terms and responsibilities of each party. Our attorneys have a wide range of experience with negotiating and enforcing lease terms and handling landlord tenant disputes in NYC. The real estate lawyers at SDK HEIBERGER LLP are experienced in resolving and litigating NYC Landlord Tenant Disputes.
Housing Stability and Tenant Protection Act (HSTPA) of 2019
The HSTPA of 2019 represents significant changes to NYC rent regulation laws and programs. As a result, landlords have many new and/or modified obligations to which they must adhere.
SDK HEIBERGER LLP are experienced in the HSTPA of 2019, and can provide legal assistance to NYC landlords in navigating the new rent regulation laws and obligations.
External Link: The Housing Stability and Tenant Protection Act (HSTPA) of 2019 >
External Link: NYS Homes and Community Renewal - Rent Laws 2019 Updates >
In addition to the many restrictions and changes that resulted from the HSTPA, now there are more changes resulting from COVID. Please check out our BLOG and CE Course topics and many other useful links where you can find much needed information and documents.
EVICTION MORATORIUM UNDER COVID
The 2020 Moratorium on Evictions has now been extended through December 31, 2020
The Federal Government has issued an order to bar evictions for millions who have suffered loss as a result of COVID-19 provided Five criteria are met:
Tenant used “best efforts” to obtain government assistance;
You ‘expect” to earn no more than $99,000.00 in 2020 and $198,000.00 if married. If not you may still qualify…
Loss of substantial household income or excessive medical bills (unreimbursed expenses exceeding 7.5% of adjusted gross income.
You have used best efforts to make timely partial payments…
Eviction would “likely” result in homelessness.
The landlord can “try” to rebut through housing Court…..
To prove a Tenant is eligible for the moratorium protection the Tenant can provide a signed Declaration; see attached published by the CDC.)
Sublet, Assignment & Occupancy Issues
Sublet: The temporary transfer of a tenant's legal interest (the lease) in a NY property to another person. A tenant who sublets a NY apartment to another person is the prime tenant. The person to whom the apartment is sublet is the subtenant/sublessee. In a sublet situation, the prime tenant must abide by the rent stabilization rules that govern the building owner. Assignments: The transfer of a tenant's legal interest (the lease) in a NY property to another person. A lease assignment conveys to another person all of the tenant's rights, whereas a sublet contemplates a temporary absence by the prime tenant with full intent to return to the NY apartment. Occupancy: Under rent stabilization a person, other than a tenant or a member of a tenant's immediate family, occupying a premises with the consent of the tenant. Such person shall not be considered a tenant for the purposes of the Rent Stabilization Code pertaining to NY apartments. Whether it's a Sublet, Assignment or Occupancy issue, put the experience and resources of SDK HEIBERGER LLP to work for you.
NYC Non-Payment Proceedings
A nonpayment action is a landlord's attempt to use the legal system to collect unpaid rent from a tenant, or to terminate occupancy (eviction) for non-payment of rent. The real estate lawyers at SDK HEIBERGER LLP have extensive experience processing and litigating Non-payment Proceedings in NYC.
NYC Holdover (Eviction) Proceedings
A holdover proceeding is a landlord’s attempt to use the legal system to terminate occupancy (eviction) for reasons other than non-payment of rent. In Non-Primary Residence disputes, the issue surrounds whether the tenant is using the apartment as their primary residence. In Owner Occupancy disputes, the owner or the owner's immediate family must prove that they plan to occupy the apartment in question as the designated individual's primary residence. The real estate lawyers at SDK HEIBERGER LLP have the experience to process and litigate Holdover (Eviction) Proceedings, Non-primary Residence Proceedings, and Owner Occupancy Proceedings, in NYC.