Renters and landlords in New York should have an idea about the various laws that are in place, both at the state and federal level, to protect them. One such law has to do with the Section 8 housing program that provides subsidies to tenants. A recent series of events placed landlords and tenants on the same side as New York received an exemption from federal regulations that might have negatively affected more than 55,000 people with low incomes and forced them to either pay more in rent or move to apartments that were not as costly. Changes by the U.S. Department of Housing and Urban Development altered its voucher program under Section 8 so tenants who went to more expensive neighborhoods would receive higher subsidies while those who were in cheaper neighborhoods would receive less. New York was exempted because it falls into the category of being a metropolitan area with a vacancy rate of 4 percent or less. In New York, the exemption affects the largest number percentage of voucher recipients when compared to other cities. With Section 8, the vouchers will pay the difference between what the tenants are able to afford and what the rent costs. It is based on 30 percent of the renter’s income and what HUD deems to be the market value of rental property in the particular area. Advocates for tenants were against the changes because of the reduction of subsidies that were set to harm a large number of people. Without vacancies, those who were forced to move because of financial concerns caused by lower subsidies were liable to be faced with a conundrum on what to do next. The goal is for families with less means to have the opportunity to live in a better neighborhood with nicer amenities, safer surroundings, better paying employment, and improved schools. Section 8 often results in issues for both landlords and tenants because it has to do with city and governmental entities and the rules and mandates that go along with that. In some instances, landlord/tenant law is violated by one or the other. In others, the rental property needs repairs that are not made as they should be. Or, as in this case, there are troublesome requirements for landlords and tenants. Whether there are landlord-tenant disputes or some other problem, having experienced legal advice is paramount and the first call that a landlord or tenant should make when facing a legal issue. Source: Wall Street Journal, “ New York City Exempted From Changes to Section 8 Housing,” Larry Kusisto, Nov. 16, 2016

First-time homeowners expect to put down a hefty sum as their down payment. However, many people about to purchase their first home are often unaware of other costs that may not be so obvious. Knowing what you can expect to spend on a closing in New York can help you prepare emotionally and financially so that everything goes smoothly when you need it to. Taxes As a buyer, you may need to pre-pay some of your home ownership costs at closing. You probably realize that you will have to pay property taxes every year. If you are putting down less than 20 percent of the purchase price for your down payment, you must put funds into an escrow account, which your lender will then use to pay expenses such as homeowner’s insurance premiums and property taxes for the first few months. Homeowner’s association fees may also need to be put in the escrow account. Assorted fees Miscellaneous fees due at closing can also add up. These include the appraisal fee and the credit report fee, which were initially paid by your lender. There will also be some fees related to your title insurance. Your purchase and lending documents also must be recorded with local and/or state government entities, which also charge fees for the recording. In addition, your lender will also charge you a fee for processing your loan. Expect to pay several minor fees such as the tax service fee. Inspection In some cases, your mortgage insurance provider may demand a home inspection. However, even if no one is making you schedule a home inspection, it is generally a good idea to have one. Inspections can uncover hidden problems and potential money sinks before you close so that you can make a fully informed decision as to your purchase. Plan to spend a few hundred dollars on a comprehensive inspection. Survey Your lender can require you to have a survey done to conclusively establish the boundaries of the land. In most cases, this happens if previous documentation is unclear or there have been previous disputes regarding boundaries that were not conclusively settled. In other cases, this may simply be a lender’s policy. When planning out your purchase costs, make sure you plan for typical closing costs. In addition, it is always a good idea to have a cushion of a few thousand dollars in the event that the seller, lender or insurance provider set forth additional requirements. To find out more about handling your home purchase correctly, consult an experienced real estate attorney.

When the term “lawsuit” is mentioned in terms of a landlord/tenant dispute in New York, it is automatically assumed that the property owner is guilty of some sort of error, lack of oversight, failure to adhere to the law, absence of necessary repairs, or due to some other issue that left the renter in dire straits and with nowhere to turn. It is often forgotten that the landlord could be victimized just as easily as the tenant. With some landlord-tenant disputes, the cases might not be warranted or the landlord could be on the side of right. Therefore, both sides need legal assistance when there are allegations of wrongdoing, as evidenced in one recent incident. There, a man who has lived in single room occupancy (SRO) apartments and has a history of filing lawsuits against landlords has been barred from doing so by a New York judge. The man was informed that without legal counsel he cannot continue to file his cases against the owners of the residence, located on Bowery on the Lower East Side of Manhattan. The man has filed almost two dozen lawsuits that were deemed frivolous. According to the judge, the man was using his ability to sue to harass the landlords. The man had paid $8.32 each night for the room without a window and, over the course of seven years, filed 23 different lawsuits. He wanted repairs made to the room but did not allow workers to come in. One former owner who had been sued expressed his happiness that the man would no longer be allowed to continue filing his lawsuits without reason. The new owner spent more than $200,000 defending the cases and had to appear in court more than 100 times. The tenant will be allowed to file his cases again if he receives permission from a chief judge or hires an attorney. This case indicates how important it is for both sides in a landlord-tenant dispute to have legal help. Landlord obligations on a rental property are real, but that does not mean that a tenant can simply file cases for specious reasons. Landlords and tenants need to make certain they are aware of the law and how to file a legitimate claim if it is necessary to do so. A lawyer who is experienced in New York real estate law can be of paramount importance toward this end. Source: The Real Deal, “Flophouse tenant barred from suing Bowery SRO owners,” Nov. 14, 2016

A common issue that might be confusing to New Yorkers who are seeking to find a rental property is how the security deposit falls into landlord/tenant law. As part of a rental agreement, it is just automatically accepted that there must be a deposit placed on the property. However, a number of people are blissfully unaware of what it actually does for them and how it can be abused by a property owner. When there is a disagreement or confusion about the deposit, knowing various facts can help a renter. In New York, there is no limit to what the security deposit can be. For rent stabilized apartments, the law is different. The maximum that a landlord can charge in that situation is one month’s rent. An exception is if the landlord collected up to two months’ rent prior to the rent being stabilized. The landlord is not allowed to charge a nonrefundable deposit. The deposit is the property of the tenant and will remain so in New York. It must be placed in a trust that will last for the duration of the lease or agreement. With a deposit, it must be kept in a bank within New York. It cannot be mixed with other moneys, such as personal assets of the landlord, and the landlord is not allowed to use it for their own desires or purposes. The landlord is required to provide written notice after the security deposit has been received. The notice must include the bank in which the deposit is kept, the address of the bank, and the amount that was deposited. Landlords are allowed to keep the deposit for damages that go beyond normal wear and tear or to pay for rent that was not paid. It is possible for the landlord to withhold the deposit for other issues that breached the lease agreement. Landlords are not required to have a walk-through before the tenant leaves the property. The landlord must return the security deposit when the rental agreement ends and the tenant leaves or within a reasonable time after that. If the property is sold, the landlord must transfer the security deposits to the new owner and inform the tenants of the ownership change. With a rental agreement and a security deposit, there is always a chance for landlord-tenant disputes to arise. If this is the case or if any legal help is needed, it is wise to call an experienced lawyer to get advice. Source: The Balance, “ 8 Basics of New York’s Security Deposit Law,” Erin Eberlin, Oct. 16, 2016

Part of renting or owning a rental property in New York is having to deal with the various legal issues that will inevitably arise. In some instances, either the owner or the renter will have to face an eviction notice. This is a difficult circumstance that will require legal advice regardless of the position the individual is in. There are various aspects of landlord/tenant law that provide protections and rights to both sides. Understanding that is key when there is an eviction attempted by an owner or defended against by the renter. When evicting a tenant, it is not a simple matter of providing the notice and then the person will immediately be compelled to leave. There are steps that have to be taken to ensure everyone is treated appropriately. A tenant who has been issued an eviction notice needs to be aware that the landlord cannot do certain things to expedite the departure. For example, the renter cannot be subjected to violent threats or the removal of the person’s possessions from the residence. In addition, the landlord cannot cut off the heat, water or other services that are part of renting a residence. The tenant cannot be locked out of the location without papers being served for it. Landlords are also protected under the law. If a tenant is committing violations, then the landlord has the right to take steps to get the tenant out of the residence. The failure to pay rent is one example of a violation. A legal professional can help with moving forward with a court proceeding to recover rent that is due or past-due. If tenants are refusing to leave after the lease has expired, proceedings to deal with that can commence. Warrants to evict and judgments of possession can also be obtained. In short, everyone who is involved in landlord-tenant disputes has rights. In order to protect those rights and make certain the law is adhered to, a lawyer is an imperative. Whether functioning as a tenant or a landlord, a lawyer is a key factor when there is an eviction notice and that is the first call that either side should make to rectify any issue.

Living in New York City can be a costly proposition whether owning or renting. For many, renting is a wise decision as it accords them flexibility and they don’t have to worry about certain aspects of their living arrangements that can be exceedingly costly if they own the property. However, there are certain problems that can come up in landlord-tenant disputes regarding various issues. One that comes up frequently is the rent. Those who are dealing with problems centered around their rental agreement need to know how a legal case can be beneficial toward settling a dispute. Present and past tenants of buildings owned by a real estate company have filed a lawsuit alleging that the landlord violated the rent regulation laws in New York. The company has been prominently featured in the city’s assertion that affordable housing is a staple of the current mayoral administration. The lawsuit says that costs of renovating the apartments were misrepresented. This is important because it gave the company the right to increase the rent, take rent-stabilized apartments out of that status, and alter the market rate rents. One case in particular asserts that a tenant who was in a rent-stabilized apartment had the rent increased by more than double what the prior tenant was paying. For that to have been the case, the improvements would have had to reach $89,000. Another rental unit had its rent raised by 188 percent from what the previous tenant paid. For that, the work would have had to cost $70,000. The work was not even completed. The rent stabilization law would be violated if the allegations are shown to be accurate. The company is denying the claims in the lawsuit. No matter which side a person is on when it comes to landlord/tenant law, legal assistance is invaluable to protecting one’s own interests. From the perspective of the owner, the rental property is often a source of income. There will be taxes, maintenance costs and other expenses that have to be accounted for. From the perspective of the renter, the safety and efficiency of the property as well as the cost will all come to the forefront. When there is an issue with a rental agreement or accusations of wrongdoing, having legal help is essential. Contacting an attorney experienced in the New York real estate market is key. Source: The Real Deal, “Tenants sue A&E Real Estate claiming inflated rents,” Chava Gourarie, Oct. 18, 2016

If you are buying a home, you know that this is a huge investment. As such, you want to make sure that the home is safe to live in, that there are no expensive repairs you will need to make in the near future and that there are no existing problems with the home. To accomplish this, you need to employ the skills of a home inspector. This professional will come to the house with a general checklist of things to examine, but you can also ask him or her to look for specific issues. Here are some of the things that will be on an inspector’s list. The wiring Whether the home is old or new, the inspector will be looking for problems with the wiring. Wiring that has been installed by a nonprofessional, or that has been connected with only electrical tape, can present a fire hazard. To make sure that the wiring is in good condition, the inspector will go over every inch of the home, including the garage, outside structures and attic. Plumbing leaks Leaks from home plumbing can manifest in several ways. The inspector may actually find a pipe that water is dripping from or may spot more subtle signs such as: Damp spots on a wall Stains in a ceiling Water around the foundation The presence of mold Moisture stains on windows Leaks from pipes can lead to serious damage in a home. Dry rot is caused by leaks and can lead to the need for expensive repairs. Roof wear and tear Roofs have different life expectancies depending on their material and type. If the roof is made from material like terra cotta or slate, the inspector will probably examine it for any evidence of previous repairs, loosening or even cracking. These types of roofs can last for more than 100 years or only 20. It all depends on the seasonal weather that the roof is exposed to. If the roof is made from shakes or wood shingles, the inspector will look for rotting, damage caused by insects, cupping, curling, sections that are missing or pieces that are lifting away from the home’s surface. Asphalt shingles may show granular loss, blister or cup downwards or upwards. Any signs of this kind of wear can indicate the home is at risk for leaks. If an inspector has found a problem with a home you are hoping to buy, it may be in your best interest to sit down and discuss the issue with an attorney who handles real estate matters. The attorney may be able to help you negotiate with the seller to have repairs done or to lower the asking price to compensate for the cost of fixing the issues yourself.

When a tenant rents a property from a landlord, they likely anticipate having a certain degree of privacy. The rental property serves as a tenant’s home, and a Queens tenant will undoubtedly expect to be able to live in the premises without unwarranted intrusions from their landlord. There are circumstances when a landlord has the right to enter the premises, however, and it can be helpful for a tenant to be aware of when such a right may arise to hopefully prevent landlord-tenant disputes. One of the most common reasons that a landlord will need to enter a rental property is to perform repairs or services to the property. When the repairs are routine or agreed upon, a landlord has the right to enter the property to complete these repairs, but before doing so, they must provide a tenant with reasonable prior notice of the plan to enter and must obtain the tenant’s consent. Generally, reasonable notice is approximately 24 hours in advance of entry. Furthermore, the entry must be at a reasonable time, which is often deemed to be during “normal business hours,” or Monday through Friday between the hours of 9 a.m. and 5 p.m. If a lease provides for entry by a landlord for repairs, they will, of course, have the right to enter the property, as well. Another circumstance in which landlords have the right to enter rental properties is in the event of an emergency. Of course, both landlords and tenants will hope that such a situation never arises, but should there be a water leak or fire, a landlord not only has the right to enter the premises, but may do so without prior notice and without obtaining the consent of a tenant. A tenant or landlord who has questions regarding permitted access to a rental property or who is facing a dispute regarding a contested entry may wish to consult with an attorney for legal advice. Source: ag.ny.gov, “Tenants’ Rights Guide,” accessed Oct. 21, 2016

New York City residents have the right to live in safe and habitable rental properties. There are laws and regulations that aim to protect this right, including laws that detail landlord obligations regarding safety requirements, as well as agencies such as the New York City Housing Authority that monitor safety measures. Tragically, a maintenance worker employed by the New York City Housing Authority failed to comply with the basic duties of his job and such failure may have contributed to the death of two young children in a Bronx apartment fire. The worker falsely reported that smoke detectors were working inside an apartment building, and, subsequently, there was a fire at the building in which two young children died. The worker was at the apartment that caught fire just four hours before the fire started and reported on his work order that of the apartment’s required safety features, which included smoke detectors, all six features were “satisfactory.” Significantly, a recent city report reveals that there may be a pattern of safety failures by the NYC Housing Authority. The NYC Department of Investigation checked 240 apartments in the city and determined that carbon-monoxide and smoke detectors were absent in 40 of the 136 apartments for which it had documentation. Documentation for an additional 104 housing units could not be located. Alarmingly, many NYC Housing Authority maintenance workers reported that in their review of smoke detectors they do not perform a physical check of the smoke detector, but rather look to see if the detector’s light is operating. If you believe you are living in an unsafe rental property with dangerous maintenance needs, you may wish to consult with an attorney. No New York City resident wants such a tragic event to happen again. Source: The Wall Street Journal, “ City Probe Faults New York City Housing Authority for Safety Lapses,” Zolan Kanno-Youngs, Oct. 4, 2016

Ideally, New York City landlords and tenants will have an amicable and peaceable relationships. One party will provide safe and secure housing and the other party will pay his or her rent on time and comply with the obligations of the lease. Unfortunately, however, sometimes landlord-tenant disputes arise that compromise this sort of relationship. Nonetheless, despite the parties’ potential disagreement, both sides must continue to comply with New York’s real property laws. In particular, landlords are prohibited from retaliating against tenants after tenants have exercised certain legal rights. Tenants have the right to become involved in a tenant’s organization, to file official complaints with relevant government authorities regarding such matters as health or safety violations or rent gouging complaints, and exercise other legal rights. If a tenant takes one of the aforementioned legally-permitted measures, a landlord may not then substantially alter the terms of the lease, such as by either refusing to renew a lease to a tenant for at least a year or terminating the tenant’s lease. To do so is considered retaliation by a landlord if such action is taken within six months of a tenant exercising one of the aforementioned rights. Furthermore, tenants who file bona fide complaints with a building code officer regarding the habitability of a building, such as may arise due to a violation of a safety or health law, may not have a charge or fee imposed upon them by the landlord due to such complaint. A landlord who tries to impose such a charge or fee may be responsible for paying the tenant triple the amount of the fee him or herself. A tenant who believes a landlord has retaliated following exercise of his or her legal rights may want to consult with an attorney regarding available legal options. Taking such action may ensure fairness in future dealings and compensation for damages suffered. Source: FindLaw, “ New York Real Property Law Sec. 223-b,” accessed Oct. 7, 2016

Tenants in Queens undoubtedly have many daily challenges. From dealing with a stressful work environment, to paying bills, to making sure they spend quality time with their families, New York City residents have a great deal on their minds. The safety and security of their homes should not have to be something about which they worry. As this blog reported in a previous post, tenants have the right to live in safe and secure rental properties. Landlords must provide certain security features, such as peepholes and chain door guards, as well as ensure that the premises are free from other dangerous hazards. Unfortunately, however, sometimes landlords do not meet their obligations, whether in terms of maintenance matters or other required landlord obligations. A tenant who is dealing with a landlord who is not complying with his or her obligations may need legal assistance to ensure that his or her rights are protected. Attorney Seth Rosenfeld and his legal team work tirelessly to ensure that the rights of Queens’ tenants are protected and that they can live in safe and secure premises. Whether a tenant is facing a landlord who will not make much-needed repairs, such as replacing a hot water heater or repairing security features like a chain lock, or one who refuses to tend to safety measures such as removal of dangerous black mold, Mr. Rosenfeld will act quickly in an attempt to help clients regain the sense of security they once had in their homes. Regardless of the nature of a landlord-tenant dispute, Mr. Rosenfeld aims to resolve such disputes efficiently for the benefit of his clients. Additional information about Mr. Rosenfeld’s services is available at the following website.

Renters in New York are often required to pay certain fees to secure housing. However, some of these fees might skirt the legality of what landlords can ask of tenants. The New York City Rent Guidelines Board (RGB) reminds renters that they have legal protections on a wide range of issues. The RGB’s advice is to “Be Careful about the Fees You Pay.” Generally, the fees you may be asked to pay are legal, however, there are some common ways that certain individuals might attempt to take advantage of overzealous or desperate renters. Brokers’ fees: Often real estate brokers will charge a fee for finding you an apartment. There are no regulations surrounding the amount of the fee. However, the real estate broker cannot actually collect the fee unless he or she offers a lease on an apartment. Referral service fees: Much like a real estate broker, these services will work to find an apartment that meets your established parameters. Again, much like brokers, these services cannot collect the full fees unless they actually find you an apartment. Application fees: The property owner or managing agent can charge an application fee that is often used to cover the costs associated with reference checks and checking your credit rating. These fees, however, must bear a reasonable relationship to the cost of these activities. Being asked to pay an application fee of $1000 or more might more be considered “key money.” Key money: If the property owner or managing agent attempts to charge a fee over and above normal costs, this is considered key money. Demanding key money on residential property is illegal. Unfortunately, these demands are verbal and it might be challenging to get the Attorney General’s Office involved – unless you have corroborating witnesses or other evidence. If you have a legal dispute with your landlord or you have questions regarding the legality of your landlord’s actions, it is wise to consult with a skilled attorney to have the matter resolved efficiently.