Himmelstein, McConnell, Gribben, Donoghue & Joseph - Manhattan Tenant Rights and Representation Attorney
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Real Estate Law Archives

Airbnb in NYC: Three laws tenants should know

Airbnb experienced a tenfold increase in booking between January of 2010 and June of 2014 in NYC. This translates to big money for NYC residents who use the rental platform. Revenue by renters utilizing the site has also increased. One estimate has these numbers doubling every year from 2010 to 2013.

What will proposed new market-rate apartments mean for renters?

Over 38,000 market-rate rental units are estimated to be built in New York City by 2019. This estimate, calculated by an online real estate company called Ten-X, also claims that the majority of the newly developed apartments will be located in Queens and Brooklyn.

How do I break my apartment lease?

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 of the lease, this typically means it is your responsibility to find a new tenant or prove the apartment is uninhabitable.

Family Members Avoid Dispute and Sell Town House for $8 Million

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 to handle the sale transaction.

Rights of Rent Regulated Tenants Whose Apartments Have Been Damaged by Hurricane Sandy

If my apartment was damaged do I have to pay the full rent?NO. Depending on the extent of the damage, you may be entitled to a rent "abatement" or reduction of the rent that you were required to pay. Under New York law the landlord must provide you with a habitable apartment. It does not matter if the damage to your apartment was not the fault of the landlord. This is called the "Warranty of Habitability." In order to get a reduction in your rent, unless the landlord is willing to reduce your rent voluntarily, you have two options, one requiring going to housing court. To get a rent abatement through housing court you will have to withhold all or part of your rent. The landlord will then bring a proceeding in housing court to evict you for not paying your rent. When your serve your "Answer" to the court proceeding, you will list as a defense that there are repairs that have to be done. You will also list as a "counterclaim" that you are entitled to an abatement of your rent. You will have to prove to the court that there is damage to your apartment and that the landlord had notice of the damage. It is always better to have an attorney if you go to housing court. But even without an attorney you could get an abatement of your rent.

Rent Controlled Tenants Beat Back "Hardship" Rent Increases

Rent Controlled tenants won a big victory recently when Supreme Court Justice Schlomo S. Hagler upheld a DHCR decision denying "hardship" rent increases for 27 elderly tenants living at London Terrace Towers in Chelsea. London Terrace Associates v. DHCR v. Four Corners Tenants Association, Index No. 103341/11 (Sup Ct, NY Co, January 18, 2012). I was the lead attorney on the case that goes back more than ten years. The so-called "hardship" rent increases would have doubled and tripled rents of the few remaining rent controlled tenants in a co-op.