Landlord Guide: Rent Stabilized vs Rent Controlled Apartments

Landlord Information for Rent Stabilized and Rent Controlled Apartments

Law Offices of Justin C. Brasch, Services, Landlord information for rent stabilized and rent controlled apartmentsThe Law Offices of Justin C. Brasch has extensive experience handling matters with Rent Stabilized vs 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: Rent Stabilized vs Rent Controlled Tenants

  • Nonpayment or Late Payment of Rent
  • Illegal Subletting
  • Nuisance
  • Nonprimary Residence
  • Unauthorized Alteration

Rent Deregulation

Rent Stabilized vs Rent Controlled Apartments can be deregulated by an owner when they meet the criteria for leaving regulation. When an 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 an 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 an 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 a 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.

Testimonials

Justin negotiated a lease for our firm’s new offices and he did a great job. He came up with creative and helpful ideas. He was very accessible as well. He is always available to answer questions and to be helpful. I highly recommend Justin’s services as an attorney.

by Chaim Book, Partner, Head of Employment Law Group at Moskowitz & Book, LLP

When my roommate refused to pay rent and leave my apartment I hired Justin Brasch. He brought a lawsuit, evicted the tenant and I got paid. Justin handled the case in an efficient and affordable manner.

by Andy C.

My landlord tried to evict me from my Rent Stabilized apartment by falsely alleging that it was not my primary residence. I hired Justin Brasch and he defended my rights. Justin handled the case in an efficient and affordable manner and it was dismissed.

by Andy C.

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