Category Archives: Real Estate Law

Oct 30, 2014
Murphy Has Legs – Long-Term Residents Granted Succession

In December 2013, the New York State Court of Appeals ruled in Murphy v. DHCR, that a long-term Mitchell-Lama resident has succession rights even though his mother had not named him on one “income affidavit.” Mr. Murphy was represented by HGJ partner Samuel Himmelstein. Three…

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Mar 16, 2014
Family Members Avoid Dispute and Sell Town House for $8 Million

Three remaining family members had been battling in Court for years over a large Upper West Side townhouse. They decided to settle the litigation by selling the townhouse. Each of the three had their own lawyers. But none of the three trusted the other’s lawyers…

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Nov 10, 2013
TESTIMONY OF SERGE JOSEPH IN OPPOSITION TO PROPOSED AMENDMENTS TO HPD MITCHELL-LAMA REGULATIONS

My name is Serge Joseph. I am a partner in the law firm of Himmelstein Gribben & Joseph. The attorneys in our firm represent individual tenants and Tenant Associations in many HPD-supervised Mitchell-Lama developments throughout the City, including in the Bronx, Brooklyn, and Queens. The…

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Nov 13, 2012
Rights of Rent Regulated Tenants Whose Apartments Have Been Damaged by Hurricane Sandy

If my apartment was damaged do I have to pay the full rent? NO. Depending on the extent of the damage, you may be entitled to a rent “abatement” or reduction of the rent that you were required to pay. Under New York law the…

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Oct 31, 2012
FEMA Assistance for Homeowners and Renters

Residents and business owners hit by the storm can begin applying by registering at disasterassistance.gov or by calling (800) 621-3362. FEMA will help with temporary housing and for certain damage that is not covered by homeowner’s insurance. Among the assistance offered, FEMA will provide, to…

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Feb 03, 2012
Rent Controlled Tenants Beat Back “Hardship” Rent Increases

Rent Controlled tenants won a big victory recently when Supreme Court Justice Schlomo S. Hagler upheld a DHCR decision denying “hardship” rent increases for 27 elderly tenants living at London Terrace Towers in Chelsea. London Terrace Associates v. DHCR v. Four Corners Tenants Association, Index…

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Jan 27, 2012
Non-Primary residence-your electronic life is an open book

Virtually all forms of rent regulation in New York City-Rent Stabilization, Rent Control, Mitchell-Lama to name a few-require that the apartment be maintained as the tenant’s primary residence. Clients will often say to me at an initial consultation something like this: “The apartment is my…

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Jan 11, 2012
How to Get Repairs By Suing Your Landlord #1

Housing Part or “HP” actions are great tools for tenants, shareholders and, in some cases, even condo unit owners, to obtain needed repairs in their apartments. This blog is a general introduction to this effective tool. In future blogs, I will address HP actions from…

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Jan 11, 2012
Due Diligence When Purchasing A Cooperative or Condominium Apartment

When I represent a client who is purchasing a co-op or condo apartment, it is important to look into the finances of the Co-operative or Condominium. A co-op or condo owner does not just own their own apartment. The owner owns a part of the…

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Dec 30, 2011
Don’t Rent Out Your Rent-Stabilized Apartment

Tenants suffering hard economic times have taken to renting their apartments for short term overnight or weekend stays, only to discover-often when it’s too late-that renting out some or all of a rent regulated apartment is not permitted under the Rent Stabilization Code. In fact,…

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