Rent Stabilized Apartments: Rent Increases Approved.

On May 1, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

Today, it was decided that the rent  increases for rent stabilized apartments in New York will be 3% on 1 year leases and 6% on 2 year leases.  These rent increases are down from last year but definitely higher than rumored earlier this month.  The topic has attracted much publicity in the New York area over the past few weeks.  It had been thought that the rent increases would be denied and the current rental rates for this year would freeze for the time being.  Now that the increase has been approved, landlords for Rent Stabilized buildings can begin to prepare for offering their renewal leases with the increased rates.

We will post more about this topic in the next week.  If you are a landlord in a rent stabilized building and need assistance preparing a renewal lease or commencing eviction proceedings, please feel free to call (516) 858-2620 to speak with a Landlord Tenant Attorney!

Rent Stabilized renewal lease period

On February 29, 2012, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Renewal Lease

Section 2523.5(a) of the NY Rent Stabilization code provides the following in pertinent part:

On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant’s lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease….

Landlord Tenant Attorney in Mineola

As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Landlord-tenant matters. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a consultation.

Familial Exception to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Familial Exception to Evictions

Familial Exception to Evictions

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  This familial exception to evictions applies to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of the familial exception to evictions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.

Landlord Tenant Attorneys in Mineola

Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.

 

Rent Stabilized Evictions

On December 5, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Rent Stabilized Evictions

Recently there have been many questions regarding rent stabilized evictions.  There are special procedures that need to be followed in rent stabilized evictions.   The lease and notice requirements are just a few of the issues that differ with these special types of evictions.   Courts are definitely strict about protecting the rights of these types of tenants as well.  So it is extra important to dot all of your “i’s” and cross all of your “t’s.”  There also seems to be a lack of clarity on how to destabilize a unit, or when a unit becomes destabilized.

New York Landlord Tenant Attorneys

If you are a landlord with questions about rent stabilized evictions or a tenant trying to defend an eviction in a rent stabilized unit, call (516) 858-2620 to speak with a Landlord Tenant attorney who can help you!

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