This is an extremely common question. And while friends and family may think they know the answer, relying solely on their advice can be risky. A lease is a contract, and both parties are obligated to meet the terms. As a tenant who wants out…
Let’s preface a response to the above-posed headline question by noting a well-worn truism about landlord-tenant relationships, namely this: they’re both symbiotic and reciprocal. What that means is this: Each party needs the other, and each has duties that reasonably must be performed for the…
Approximately two-thirds of the apartments in New York City are rent regulated. Rent regulated apartments include rent controlled and rent stabilized apartments in New York City and certain counties. Rent control and rent stabilization are two different programs with unique regulations. To learn whether your…
Legally speaking, a nuisance is defined as “a course of conduct which has caused substantial harm to other tenants, to the building, to the landlord’s employees, or to the landlord,” says Himmelstein, and unless the behavior in question is severe, repeated incidents are a key…
Whether your landlord is suing you for eviction, or you are suing your landlord for repairs, being in court takes its toll. Resources get depleted. Tenants have to take off from work, pay an attorney to represent them, and live with the stress of an…
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…
Rent stabilized tenants in a Upper West Side building won a great victory today when the DHCR again revoked a $39.16 per room MCI rent increases for new windows after inspecting the windows and finding that they are defective. The owner installed the new windows in 2004…
Our firm recently won a huge victory in a long, bitter and hard fought case entitled Samra v. Messeca. The case was an example of our work in eviction prevention. This was what is known as an “owner use” proceeding-an eviction case brought against a rent…
Repeated failures to pay rent which result in non-payment proceedings could result in eviction on the basis of “chronic non-payment.” While there is no specific number of non-payments that could result in eviction, Tenants have been evicted where there have been nine non-payments in three…
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…
A small start-up company had just entered its lease for the office space in the Flatiron District. The Lease, especially the rent, was an essential part of the start-up company’s business plan. Within weeks of the Lease the rental values in the Flatiron District skyrocketed.…
The M Condominium in Brooklyn needed to raise funds to repair and restore several storm damaged building systems. The Board did not want to impose special assessments on the unit owners. In order to raise the money necessary to do the capital repairs, the special…
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People often make the mistake of trying to manage a landlord-tenant dispute on their own. Without experienced legal counsel, however, it is easy to make the situation worse. We are skilled at negotiating with landlords, and fighting evictions in housing court and Supreme Court.
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