The moratorium on residential and commercial eviction proceedings has expired as of January 15, 2022. As experienced tenants’ attorneys, we here at Himmelstein McConnell Gribben & Joseph LLP are prepared to advise and represent tenants who have been served with notices from their landlords or are otherwise facing possible nonpayment or holdover eviction proceedings.  Here are the basics of what tenants need to know: Tenants who submitted a Hardship Declaration Form, either to the landlord or to the Court, need to know that the case will now be able to move forward. Economic hardship a ..read more

Many people know what its like to rent an apartment and the relationship that a tenant can have with his or her landlord. It can be tricky to navigate if one is not aware of what their rights are, along with the rights of their landlord. Knowing this information can be helpful and lower any potential stress that can come up when dealing with your landlord or tenants. Landlord rights: Landlords have various types of legal rights and they all relate with taking care of their income investments, which is seen as the rent, which all tenants have the obligation to pay. Tenants have the duty to pay ..read more

When it comes to your business, signing on a commercial lease can be a significant investment for your company. For young companies just starting to expand, hire more employees or looking for a storefront, the criteria for a proper commercial lease could be a complicated endeavor. Luckily, there may be more negotiability with the terms of a commercial lease than with a residential one. Negotiating the terms of a lease agreement Before discussing the elements of a new lease agreement, you should outline your company’s needs within your potential commercial space before meeting with the owner or ..read more

When you rent a home, there are numerous maintenance and administrative tasks that a landlord must cover on your behalf. Tenant protection laws ensure that the home or building is safe and structurally sound, including the routine upkeep and inspections that homeowners are normally responsible for doing. While not all types of maintenance are legally required, a landlord who refuses or fails to do certain types of upkeep to keep a home safe may violate the law. What is a landlord responsible for? The following are four important maintenance issues that landlords are required to address, usuall ..read more

Renting and dealing with landlords can feel like the wild west. It can be difficult to determine what landlords are saying and if it has legal validity. One question we often get is, “Do I have to give my landlord a key to my apartment?” New York Multiple Dwelling Law 50-1 says that you can install your own lock but if you do, you have to give the landlord a copy of the key. There may also be a provision in your lease that requires that you give the landlord a key. There are also laws that require you to give your landlord access to your apartment to make repairs and to show the apartment to p ..read more

In New York and elsewhere, there is an outrageous trend occurring. Landlords take advantage of poor tenants — especially women of color — by demanding sexual favors in exchange for not seeking eviction. One Oswego-area landlord, according to a civil lawsuit the Department of Justice filed in 2018, groped women tenants and threatened them with eviction if they refused his sexual advances. He offered to reduce or waive their rent in exchange for sex. When they refused him, he retaliated by refusing to make necessary repairs. In August, the landlord agreed to settle the Justice Department lawsuit ..read more

If you are rent-regulated, there are a limited number of reasons your landlord may legally raise your rent, other than as part of a rent renewal. And one reason that comes up fairly frequently is to pay for improvements to the building. While improvements may sound like a good thing, you may not appreciate the increase in your rent. You may encounter two types of improvements: individual apartment improvements (IAIs) and major capital improvements (MCIs). What are IAIs used for? IAIs are generally for new appliances, furnishings and painting, and increased services such as heat and hot water ..read more

Moving – especially in New York City – often requires sizable upfront costs. Things like hiring movers and renting trucks can be expensive. On top of that, you probably will need to pay a security deposit when signing your lease. A security deposit can be a hefty sum. As such, tenants should know their rights when paying, using and getting back their deposit. Below are five essential items. There are limits to the amount a landlord requires. As noted in this article, landlords in New York City cannot collect more than one month of rent as a security deposit. If your landlord asks for ..read more

Since 2013, evictions in New York City have dropped by 41%, largely in response to the new law guaranteeing tenants the right to counsel when their landlords attempt to evict them. Then, in a landmark package of protections, the state of New York abolished high-rent deregulation and the so-called “vacancy bonus” for rent-stabilized apartments. Renovation (“IAI”) )rent increases were also severely limited. That made eviction less desirable for landlords because they couldn’t up the rent upon finding a new tenant. Therefore, an existing tenant, even an imperfect one, became more desirable if the ..read more

Apartment hunting in NYC is notoriously challenging. It’s easy for people in this situation to feel desperate if their search isn’t going well. You want to make sure, however, that you are not letting the pressure of the search affect your good judgement, or you could end up in a dangerous situation. When you can’t find an apartment in your price range or your preferred location, you may be tempted to take risks you would not otherwise take. In some cases, this results in renting an illegal apartment. What makes an apartment illegal? One way an apartment can be illegal is if the landlord is&nb ..read more