Residential Landlord Law

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Landlord Information For Rent Stabilized And Rent Controlled Apartments

residential-landlord-law-brasch-legal-nyThe Law Offices of Justin C. Brasch has extensive experience handling matters against Rent Stabilized and Rent Controlled Tenants in New York.

There are two basic types of residential eviction summary lawsuits:

1. Nonpayment Lawsuits – Where a landlord sues for Nonpayment of Rent
2. Holdover Lawsuits – Where a landlord sues for violations of the Lease and Law

Landlord-Tenant Proceedings Against Rent Controlled and Rent Stabilized Tenants

  • Nonpayment or Late Payment of Rent
  • Illegal Sublettting
  • Nuisance
  • Nonprimary Residence
  • Luxury Decontrol
  • Rent Deregulation
  • Unauthorized Alteration

Luxury Decontrol

Luxury Decontrol (also known as High-Rent/High-Income Deregulation): A Rent Stabilized apartment in NYC can be deregulated when the legal rent on the apartment surpasses $2,700 a month, and the annual household income of the tenants has been more than $200,000 a year for the preceding two years. This is a complicated process and The Law Offices of Justin C. Brasch are experienced in evaluating and handling matters concerning the luxury decontrol of NYC apartments.

Rent Deregulation

Rent Stabilized and Rent Controlled Apartments can be deregulated by an owner when they meet the criteria for leaving regulation. When a NYC apartment is deregulated, the rent may be set at ‘market rate.’ One example is a rent stabilized apartment which becomes vacant and could be offered at a legal regulated rent of twenty-seven hundred dollars ($2,700) or more. This is a complicated process and The Law Offices of Justin C. Brasch are experienced in evaluating and handling matters concerning the deregulation of NYC apartments.

Sublet, Assignment, Occupancy and Nonprimary Residence

Sublet: A sublet is a temporary transfer of a tenant’s interest (the lease) in a NYC property to another person. The tenant who sublets their interest to another person is known as the prime tenant, while the person to whom the apartment is sublet is known as the subtenant/sublessee. In a sublet, the prime tenant must abide by the rent stabilization rules that govern subletting. The Tenant is expected to return to the apartment and the landlord cannot unreasonably reject the sublet application. Tenants that illegally sublet their rent regulated apartments can be evicted.

Assignment: An assignment is the transfer of a tenant’s interest (the lease) in a NYC property to another person. A lease assignment gives another person all of the tenant’s rights. Tenants that illegally assign their rent regulated apartments can be evicted.

Occupancy: Under Rent Stabilization a person, other than a tenant or a member of a tenant’s immediate family, can occupy a premise with the consent of the tenant. But, such person shall not be considered a tenant for the purposes of the Rent Stabilization Code.

Nonprimary Residence: A Rent Controlled or Rent Stabilized Tenant must use the apartment as their primary residence. If it is not their primary residence, the apartment can be deregulated.

The Law Offices of Justin C. Brasch are experienced in evaluating and handling matters concerning the sublet, assignment, nonprimary residence and the decontrol of NYC Apartments.

If you are a residential landlord in New York and need legal advice, Justin Brasch can provide accurate legal direction to resolve your matter in an efficient and affordable manner. Mr. Brasch strives to prevent litigation. However, when it is unavoidable, his office aggressively pursues it to meet clients’ goals. Contact Justin Brasch now, or call him to arrange for an initial consultation – 212-267-2500.