Question: Does a Legal Two Family in Queens need a rental permit? 

In general, New York City does not have rental permits per se; however, there are registration requirements for "multiple dwelling" buildings.  The New York State Multiple Dwelling Law defines a "multiple dwelling" as a building containing three or more separate units.  All multiple dwelling buildings in New York City are required to be registered with the Department of Housing Preservation and Development (HPD).

A legal two is classified as a private dwelling since it has less than three units.  This means it does not have to automatically register with HPD in the same way a multiple dwelling must.  However, a one or two family private dwelling must register with HPD if the owner of the building does not reside within the boundaries of New York City.  In that situation, not only must the owner register the building, but he must also register an agent with HPD.  While there are no special licensing or professional requirements for this agent, he must reside within the boundaries of New York City.

If a building is not registered with HPD, the owner may be charged with a misdemeanor and/or fined up to $500 for their first violation.  In addition, any person who assists with a violation of the registration requirement may be charged with the same penalties.  As for broker liability, it can be argued that listing a rental that is not registered with HPD qualifies as assisting in violating the registration requirement; however, this is not explicitly stated.

Registration is extremely easy for an owner to perform and can be done online through HPD's website.  For an introduction into the basics of New York City Rentals, check out this packet provided by HPD.  Useful Information About Housing Rules and Regulations.

Following a noise complaint from a neighbor your extra money from renting your summer home can turn from dream come true to nightmare. An interesting article about a recent crack-down in Sag Harbor can be read by clicking here.

Just to explain the nightmare that you will face, its important to read the penalty provisions for violations. The penalty provisions for violations of the rental permit rule can be found at section 270-19 of the Southampton Town Code. The key provision is "each day's continued violation shall constitute a separate additional violation".

Section 270-19
A. A violation of this chapter by the owner(s) and/or tenant(s) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for conviction of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.

B. Additionally, in lieu of imposing the fine authorized in § 270-19A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy

C. The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant had cooperated with the Town of Southampton in the investigation and prosecution of a violation of this chapter. Factors which the court may consider include, but are not limited to, a report from the office of the Town Attorney confirming that the defendant did in fact cooperate and whether:

(1) The defendant reported the violation(s) to the Town of Southampton;

(2) The defendant assisted the Town of Southampton in investigating and prosecuting the violation(s);

(3) The defendant provided access to the rental property;

(4) The defendant promptly pursued his/her/its own rights under the lease to remedy the violation or adequately pursued an eviction proceeding;

(5) All violations existing at the rental property have been promptly remediated.

D. Where authorized by a duly adopted resolution of the Town Board, the Town Attorney may bring and maintain a civil proceeding, in the name of the Town, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action.

(1) If a finding is made by a court of competent jurisdiction that the defendants or any of them has caused, permitted, or allowed a violation of this chapter, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $1,000 for each day it is found that the defendants or any one of them individually caused, permitted or allowed the violation. Upon recovery, such penalty shall be paid into the Town Attorney's Enforcement Fund.

When a tenant is a no show at an eviction proceeding the landlord will get a default judgment with a warrant of eviction. Thats a great situation for the landlord, but sometimes the tenant has a good reason for missing court. In this situation a tenant should read the following link offered by the NYS court system to stop the eviction. Click here to find some useful information for tenants who cannot afford an attorney to represent their rights.

Did you know that a main street store with a door opening outward onto a sidewalk may be liable if a passerby is struck by the door?

Tip of the week - Make your door open into the building not outward.

Starting on April 22, 2010, contractors who preform renovations involving lead paint will be required to have been trained and take many precautions similar to what is done with respect to asbestos. Contractors will be required to construct containment zones, wear protective clothing, and utilize HEPA vacuums.

Contractors who wish to learn more about the training requirements, should click here.

While lead paint has been outlawed in the US since 1978, its estimated to be in approximately 80 million homes. So this is a really big deal and if you have an older home, this may drastically increase the cost of your renovation project.

For information about lead paint, click here

The EPA has issued this new regulations for renovations involving lead paint pursuant to the Toxic Substances Control Act. The EPA, Environmental Protection Agency, is part of the Executive Branch of government and consequently this is a regulation, not a law, but its effect is law in that it provides requirements for the administration of the Toxic Substances Control Act. To view the regulation, click here

It is also my belief that this new regulation is going to spur a host of lawsuits concerning personal injuries that result from lead exposure during construction. This belief is based upon the media coverage that lead related health issues are now getting. With my background in public health, I see this regulation as a great step forward, but at a large economical cost for the housing sector, which is already suffering.

Just at my house we lost 5 trees. We live in East Moriches. My uncle in Bellport lost 4. They are down everywhere. Through houses, on cars and boats, and on top of fences. So who is responsible if a tree falls from my yard onto my neighbors? The answer is that I have no liability for damage if the tree was sound (in good condition), but if the tree was decayed and unsound I will probably be liable. Here is to hoping the tree was sound.

The real estate section of the Sunday times today discusses a trend of potential sellers renting out homes after not receiving their original asking price for the property. The article states that times are changing and these sellers/new landlords are finally receiving the asking prices, while having a tenant in the home - further preventing the purchaser from completing a sale. The article implies that these sellers/new landlords are being blindsided by tenants who are uncooperative with showing the home for purchasers and getting out of the home upon a sale. Yet, the article is misinforming the reader of what is actually happening. We should not feel bad for these sellers / landlords because of their current plight. Instead, we should recognize that when you agree to a contract (a lease), you are bound by its terms. If the sellers / landlords want to continue listing their property while renting it out - they should have strong terms in the leases that permits such action. If they do not have these terms in the agreement - they should have proper expectations that they are now landlords abiding by the terms of the lease signed with the tenants. This seems to be a recurring theme I see over and over - most of the time the seller's dont even understand the contract/lease they had their tenants sign. It's also problematic in real estate that everyone wants to sell for the absolute most that they can possibly get all of the time as if its some sort of competition. Yes, its good to make a lot of money in a sale, but seeking the absolute best often creates subsequent risks, preventing the optimal profit the seller was originally looking for. Stop second guessing, it's simply not predictable to know exactly what the sales price will be. Instead, you should make a decision and stick with it without looking back. Have realistic expectations. Consult with a professional to understand your responsibilities and liabilities. If you decided to rent because you needed to cover the short-term carrying costs of the home as a condition of not selling in hopes of a better market a year or two later, now you must wait that year or two. Its not 'woe is me' because 6 months later the markets good and now you are stuck. The key is to get good advise, not sign contracts that you don't understand, and realize that you can't control the market. Good luck.