The Law Offices of Justin C. Brasch have extensive experience protecting tenants in NYC. We have helped hundreds of tenants.
Justin Brasch Can Protect Your Rights
In the 1990s, Justin Brasch experienced landlord harassment. He fought for his rights as a tenant in NYC and can help you do the same. As an experienced lawyer, he has helped hundreds of tenants in landlord-tenant disputes.
Tenants in NYC need to know their housing rights. Many landlords take advantage of tenants in various ways, such as by neglecting repairs, illegally increasing rent, or harassing tenants to try to get them to move out.
We help tenants with:
- Rent Increases
- Succession Rights
- Non-Primary Residence Holdover Proceedings
- Owner Use Matters
- Lease Buyouts
- Lease Negotiations
- Sublets and Roommates
- Alteration Proceedings
- Nuisance Proceedings
- Rent Overcharges
- Civil Litigation of Landlord-Tenant Disputes
- Obtaining Repairs and Warranty of Habitability Claims
Repairs and The Warranty of Habitability
Stabilization housing rent control is a type of rent regulation in New York City that is used as a form of insurance for tenants from sharp increases in their rents. The landlord Rent Guidelines Board is in charge of establishing lease guidelines for rent-stabilized apartments, lofts, and hotels.
Landlords who own rental listings in NYC are subject to rent stabilization and can only raise rents according to the percentage increases that the Rent Guidelines Board (RGB) allows. Rent stabilization also gives tenants the right to renew their landlord lease in most situations. The goal of this laws is to make sure that people can live and afford New York City rent, especially those who have lower incomes. Today, about 1 million New York City apartments are subject to rent stabilization.
New York Tenant Protection Act of 2019
The New York Tenant Protection Act of 2019 made significant changes to protect landlord tenants from harassment and rent increases. Landlords are now required to follow specific guidelines regarding the documents they must serve before suing tenants and increasing rent by more than 5%.
Non-Payment Proceedings – Required Notices
If a tenant fails to pay rent, landlords must follow specific procedures before filing a lawsuit, in order to avoid any potential issues related to housing discrimination. They must first send a “5 Day Rent Letter” to the tenant, which informs the tenant that they have five days to pay the rent or face legal action, as specified by real property law. If the tenant still doesn’t pay, the landlord must then send a “14-Day Rent Demand” before filing a lawsuit known as a “Notice of Petition and Petition.”
Holdover Proceedings – Required Notices
When a lease expires or a tenant is a month-to-month tenant, landlords must follow specific notice requirements before filing a lawsuit to evict, as mandated by real property law. The new laws requires landlords to give tenants notice of their intention to sue based on the length of their tenancy, and this process may involve aspects of tenant screening. For tenants who have rented for less than a year or have a lease term of less than one year, landlords must give a 30-day notice. For tenants who have rented for more than a year but less than two years, landlords must give a 60-day notice. For tenants who have rented for more than two years, landlords must give a 90-day notice.
Required Notices to Raise Rent More than 5%
In New York, landlords must provide tenants with advance notice if they intend to increase the rent by 5% or more. The notice period varies depending on the length of the tenant’s time in occupancy and is often regulated by real estate landlord-tenant laws. For tenants who have rented for less than a year or have a lease term of less than one year, landlords must give a 30-day notice, in accordance with landlord-tenant law. For tenants who have rented for more than a year but less than two years, landlords must give a 60-day notice, in accordance with property management regulations. For tenants who have rented for more than two years, landlords must give a 90-day notice, providing adequate time for considerations such as lease renewals, security deposits, and relocation plans.
If a landlord fails to provide the appropriate notice, the tenant may continue to pay at the existing rental rate, even if the lease has expired. The landlord may not evict the tenant for failing to pay the increased rental amount. These new notice requirements aim to give tenants more time to find a new place to live or negotiate with their landlord before facing eviction.
The Law Offices of Justin C. Brasch can help you navigate these new laws and assist you with any landlord-tenant disputes, including lawsuits, buyouts, harassment, repairs, and potential evictions. Contact us at (212) 267-2500 to schedule a consultation.
What is Rent Stabilization?
Rent Stabilization in New York State is a series of unregulated and laws designed to protect tenants from excessive rent increases in their homes. It is overseen by the Rent Guidelines Board, which sets increases for rent for rent-stabilized apartments, lofts, and hotels. The purpose of rent stabilization is to ensure that residents have the legal right to affordably live in New York City, particularly those with lower incomes. Currently, around 1 million apartments in NYC are subject to rent stabilization.
Is my apartment or housing rental eligible for Rent Stabilization?
Whether an apartment is eligible for rent stabilization depends on various factors, such as the date it was built or renovated, whether a building received special tax benefits, such as J-51 or 421-a tax abatements, etc. These criteria are crucial for determining the protection afforded to residential tenants. However, certain circumstances can cause an apartment to become deregulated, as outlined in the tenant act. Deregulation can occur for many reasons including: if the building is converted to a Co-op or Condominium, if the landlord wants to use the unit for personal use, if the landlord wants to combine an apartment with another apartment, etc.
If you are a tenant in a Rent-Stabilized or Rent-Controlled apartment, it is important to know your legal rights and options. However, tenants in buildings with three or fewer apartments do not have a right to sublet. You can contact our office to arrange a consultation with our experienced attorneys. The Law Offices of Justin C. Brasch can assist with all aspects of the judicial process in commercial and residential landlord-tenant matters, including motions, hearings, and trials.