If someone dies who is a tenant and if the estate wants to terminate the lease, all they have to do is notice the landlord by registered or certified mail, return receipt requested. That is the new law, Real Property Law 236-a. Don't worry landlords, this law doesn't relieve tenants for past due rent, damage,...
Showing posts with label Tenant. Show all posts
Showing posts with label Tenant. Show all posts
Friday, November 17, 2023
Monday, January 10, 2022
10
Jan
Suffolk County renters: BEWARE! Those looking to rent in Suffolk County, New York should proceed with caution when searching for a rental home. In an effort to protect Suffolk County tenant/residents from rental fraud, the County Legislature has amended Local Law No. 30-2021. Rental fraud is committed when a...
Wednesday, December 29, 2021
29
Dec
As of December 22, 2021, cooperatives have received 8 exemptions from the Housing Stability and Tenant Protection Act, which otherwise restricts landlords' rights as to their tenants.When the Housing Stability and Tenant Protection Act came out, we repeatedly tried to explain to co-op boards, property managers (managing...
Wednesday, December 22, 2021
22
Dec
Starting on February 19, 2022, the maximum fine for real estate license law violations has been doubled from $1,000 to $2,000 by S945B. Brokers beware. Further, 50% of these fines, for violating Article 12-A and 19 NYCRR 175, will be used to establish an Anti-Discrimination in Housing Fund (ADHF). The ADHF shall...
Friday, December 17, 2021
17
Dec
Additional protections in Housing Court are being enforced in order to aid self-represented parties. When opposing parties come to an agreement during a proceeding, they sign a Stipulation of Settlement ("Stipulation"), which is a binding agreement, so it is the judge's responsibility to ensure that the parties understand...
17
Dec
In an effort to improve neighborhood preservation and community renewal, New York will expand their current definition of preservation and renewal to include the administration of landlord training classes. The amended bill covers all municipalities and aims to provide assistance primarily to underserved neighborhoods....
Monday, December 13, 2021
It is the beginning of the end of paper copy lease agreements in NYS, at least for rent stabilized tenants. Moving forward, rent stabilized tenants are going to be processing their leases electronically because Bill A02679 passed the legislature and is pending Gov. Hochul's signature. This Bill requires that...
Thursday, September 02, 2021
02
Sep
The NYS Legislature passed Senate Bill 50001 and 50002, extending the state’s eviction / foreclosure moratoria to January 15, 2022, and both bills were signed by Governor Kathy Hochul on September 2, 2021. What’s in the Law?Briefly, the laws:Extend residential and commercial eviction and foreclosure moratoria to January...
Friday, August 27, 2021
27
Aug
On August 27, 2021, the US Supreme Court opened the floodgates for evictions throughout the United States in the case of Alabama Association of Realtors v. DHHS. Landlords, have you called your attorney yet to start the eviction process? Investors, are you ready for the housing market to swing because of a flood...
Thursday, August 05, 2021
05
Aug
On August 3, 2021, CDC issued its latest eviction moratorium to address the rise of the Delta variant. Here is what landlords and tenants need to know about the moratorium:It only applies to residential housing;The moratorium only applies where tenant(s) provide a declaration to their landlord(s);The Declaration is...
Thursday, July 22, 2021
22
Jul
Landlords are about to be capped on key reproduction fees in NYS. You may be saying whoopdeedoo, but it's not that simple. The cap is 110% of the actual cost of reproduction. However, the cap doesn't apply for the 4th time the tenant needs the keys in a calendar year. The real question is what happened...
Tuesday, May 04, 2021
04
May
On May 4, 2021, the New York State Senate and Assembly passed legislation (A.7175) that extends the eviction and foreclosure moratoriums on both residential and commercial properties from May 1, 2021 to August 31, 2021. The legislation is now on the Governor’s desk for signature. UPDATE: The Governor signed the legislation...
Wednesday, April 14, 2021
14
Apr
We just got some guidance from the State as to a law that became effective March 2, 2021 about noticing tenants of their rights to reasonable modifications / accommodations under the Human Rights Law. To learn about the law, read our blog from that date here. After the law was passed, it was than repealed and replaced....
Wednesday, March 03, 2021
03
Mar
If you know that your tenant is engaging in illegal activity at your property, you better do something about it. That's the message from the Federal Appellate Courts in Omega SA v. 375 Canal, LLC. In the case, a jury awarded $1.1 MM against a landlord for contributory trademark infringement for its willful blindness...
Monday, February 15, 2021
In the Matter of Bryant v. Garcia, the First Department found that the termination of a tenant’s tenancy was too much of a penalty for hitting the landlord’s employee.In this case, the tenant was a 64-year-old woman who has been a New York City Housing Authority (NYCHA) tenant for more than 40 years and who “suffered a...
Wednesday, October 21, 2020
21
Oct
Through Executive Order 202.70, Governor Cuomo extended the moratoriums for the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage to January 1, 2021. This means that no eviction or foreclosure...
Tuesday, July 07, 2020
07
Jul
On July 6, 2020, Governor Cuomo signed Executive Order 202.48 which affects the validity of many existing executive orders but most notable of which, is that it extends the stay on evictions and foreclosures proceedings to August 5, 2020 for commercial properties, but not for residential properties. Essentially, Executive...
Thursday, May 21, 2020
21
May
On
May 13, 2020, the NYC Council approved Int.
No. 1932-A,
which makes substantial changes to personal guaranties in commercial leases.
The bill is on the Mayor’s desk to be enacted.
The
bill’s purpose is to provide relief to NYC commercial tenants impacted by
COVID-19. It temporarily prohibits the enforcement of...
Wednesday, March 18, 2020
18
Mar
Can a tenant terminate a lease because their purpose was frustrated?
We are getting contacted by restaurateurs who want to get out of their lease because they have to close their sit down / dine in operation and only offer delivery / take out, but can they?
The appellate courts have held that "[i]n order to invoke this...
Thursday, March 12, 2020
12
Mar
Landlords - Here is your future:
There is a Coronavirus quarantine (voluntary or mandatory), which closes your property;
Tenant is forced to close;
Being closed, tenant makes no revenue or limited revenue from working from home;
Without revenue, tenant defaults on rent;
Without rent, landlord is now at risk of foreclosure...
