2021
- December 2021
Sam Himmelstein discusses the common problem of unsafe building conditions created by landlord construction and renovation practices and what tenants can do about it.
- December 2021
On Brick Underground Sam Himmelstein addresses the question: I broke my lease. Can my landlord keep the security deposit?
- December 2021
In the latest Ask Sam column in Brick Underground Samuel Himmelstein discuss the question: My landlord is taking me to housing court. What can I expect?
- November 2021
Court to Landlord: No Certificate of Occupancy means and “Use and Occupancy” deposited with the Court and or paid to landlord, without prejudice, must be returned to the Tenant!
HMGJ Partner Jesse Gribben recently won big for tenants at the Appellate Term, First Department. The tenant in the underlying housing court non-payment case, Trafalgar v. Malone, argued that the landlord could not collect rent because the building did not have a valid certificate of occupancy. Pending a final determination of the housing court case, the tenant deposited “use and occupancy,” (what rent is called after a lease ends) with the court and paid several months of use and occupancy directly to the landlord. The money paid and deposited was “without prejudice,” to the tenant’s defenses. The court held all of these monies must be returned to the tenant and the decision was upheld on appeal.
- November 2021
In his latest column in Brick Underground Sam Himmelstein Addresses the question: Is a rental in bad condition an example of constructive eviction??
- October 2021
On Brick Underground Sam Himmelstein and Kevin McConnell help answer: What can I do about noise and vibrations from recycling machinery in my building?
- October 2021
Sam Himmelstein was quoted in the New York Times addressing: What’s the Best Way to Sublet My Apartment?
- October 2021
In the latest Ask Sam column in Brick Underground Samuel Himmelstein discuss how tenants can address the surprisingly common problem of illegal entries into their apartments by landlords and building employees.
- October 2021
In his latest column in Brick Underground Sam Himmelstein Addresses the question: Can I have a roommate who is not on the lease for my rent-stabilized apartment?
- September 2021
Firm partner Sam Himmelstein interviewed in the NY Times about tenants’ rights and obligations when their apartment is prone to flooding.
Can You Break the Lease if Your Apartment Might Flood? - September 2021
Sam Himmelstein’s recent Ask Sam article on Brickunderground.com addresses question: My rental flooded during Ida. Can I break my lease?
- September 2021
HMGJ files Proposed Amicus Brief in Federal Court in support of the Rent Laws
HMGJ Partner David Hershey-Webb co-authored a proposed amicus brief with Tim Collins of Collins, Dobkin, Miller LLP on behalf of Met Council Inc., Stuyvesant Town/Peter Cooper Village Tenants Association, P.A.L.A.N.T.E. Harlem, West Side Democrats, Park West Village Tenants Association, Housing Rights Initiative, Stellar Tenants For Affordable Housing, 50 West 93rd Street Tenants Association and The Central Park Gardens Tenants Association, in support of Appellees, City Of New York, Rent Guidelines Board and others and Intervenors, N.Y. Tenants And Neighbors (T&N), Community Voices Heard (CVH) And Coalition For The Homeless in the Second Circuit Court of Appeals.
The case was brought by New York Landlords and Landlord organizations to challenge the constitutionality of the Housing, Stability and Tenant Protection Act (“HSTPA”) of 2019. The lower federal court dismissed the case and it is now on appeal. Landlords are trying to get the case before the US Supreme Court in the hopes that the court will strike down all or some of the rent-stabilization laws. So far New York City, New York State and Tenant Advocacy Organizations have been successful in convincing the court that the Landlord’s arguments lack merit.
- September 2021
In his latest column in Brick Underground Sam Himmelstein Addresses the question: My apartment was advertised as having a washer-dryer but there isn’t one. What can I do?
- August 2021
Tenants Entitled to Tens of Millions in Overcharges as Appellate Division Upholds Default Formula
HMGJ attorneys Ronald Languedoc and William Gribben won a significant victory, Casey v. Whitehouse Estates, Inc. before the Appellate Division, First Department, for 78 tenants of a midtown Manhattan building residing in apartments unlawfully deregulated while the landlord was in receipt of J-51 tax benefits. The tenants brought the suit in 2011. The court determined that the rents for those 78 apartments had to be recalculated pursuant to the default formula, and that the rents are frozen from 2007 to present. Under the default formula, the rents are recalculated because of landlord fraud and/or because there are no reliable rental history records. The recalculation is usually based on the lowest stabilized rent for a comparable apartment in the building. In most cases, the rents are to be lowered from well over $2,000 per month to well under $1,500 per month. The tenants who have occupied those apartments over the past 14 years are entitled to a refund of the amounts overpaid, with interest, which will result in tens of millions of dollars of compensation.
- August 2021
In his latest column in Brick Underground Sam Himmelstein Addresses the question: I’m still waiting for my landlord to return my security deposit. What can I do?
- July 2021
Firm partners Sam Himmelstein and Jesse Gribben discuss what is likely to happen when the NY eviction moratorium ends and what tenants can do to protect themselves
- July 2021
In his latest column in Brick Underground Sam Himmelstein Addresses the question: I was asked to pay a $500 ‘processing fee’ for a rental application. Is this legal?
- July 2021
Sam Himmelstein is quoted in The New York Times article: When a No-Pet Policy Isn’t Really a No-Pet Policy.
- June 2021
In his latest “Ask Sam” column on Brick Underground, Sam Himmelstein discuss what steps tenants can take when their landlord refuses to acknowledge their Tenant Association.
- May 2021
In his latest column in Brick Underground Sam Himmelstein discusses demolition cases brought against rent stabilized tenants, including relocation and stipend requirements and that most of these cases result in tenants being paid substantial settlements in exchange for vacating their apartments.
- April 2021
Sam Himmelstein is quoted in a new BrickUnderground.com article addressing the question: Is my money safe in an escrow account?
- April 2021
Sam Himmelstein is quoted in the BrickUnderground.com article: 10 things NYC landlords are required to provide, and 10 they’re not that might surprise you.
- April 2021
David Hershey-Webb and Sam Himmelstein are quoted in the BrickUnderground.com article: Is my landlord required to install a wheelchair ramp for accessibility?
- April 2021
Sam Himmelstein is quoted in recent New York Times article: How a Legendary New York Hotel Became a Battleground
- April 2021
Sam Himmelstein’s latest Ask Sam article addresses question- If my apartment was illegally deregulated, how much money can I collect in overcharges?
- March 2021
Sam Himmelstein’s recent Ask Sam article on BrickUnderground.com: My landlord is offering deals to new tenants. How can I get the same break?
- March 2021
Elizabeth Donoghue will be one of the panel members on NYC Bar Association program: Virtual Proceedings in the New York State and Federal Courts: Lessons Learned and Next Steps: Roundtable on Best Practices
On Tuesday, March 23, 2021 | 5:30 p.m. – 7:00 p.m. - March 2021
Kevin McConnell is quoted in a BrickUnderground.com article, We’re moving into a new condo but the garage is not finished. Can we be reimbursed for parking expenses?
- March 2021
Sam Himmelstein’s recent Ask Sam article on BrickUnderground.com address the topic: With housing court hearings online, it may be cheaper to fight your landlord.
- March 2021
Sam Himmelstein is quoted in a BrickUnderground.com article, My building says I can’t move out because the elevator is broken. Can they do that?
- Feb 2021
Sam Himmelstein’s recent Ask Sam article on BrickUnderground.com address the question: What are my rights as a subletter of a rent-stabilized apartment?
- Feb 2021
Sam Himmelstein is quoted in a BrickUnderground.com article, My neighbor’s bathroom leaks and damages my wall. How do I get this fixed permanently?
- Feb 2021
Sam Himmelstein is quoted in a recent NY Metro Parents.com article, How to address noise complaints.
- Feb 2021
Virtual Proceedings in the New York State and Federal Courts: Lessons Learned and Next Steps: Experience in the Peoples’ Courts.
- Feb 2021
Sam Himmelstein’s recent Ask Sam article on BrickUnderground.com address the question: “My landlord waits to cash my rent checks, putting me at risk of eviction. What should I do?”
- Feb 2021
Sam Himmelstein is quoted in a BrickUnderground.com article discussing tenant’s rights regarding new apartment with no gas or heat.
- Jan 2021
Sam Himmelstein’s latest column in Brick Underground discusses illegal apartments and what can happen if you are living in one.
- Jan 2021
Kevin McConnell is quoted in a recent BrickUnderground.com article addresses A co-op building only wants all-cash offers. Is that a red flag?
- Jan 2021
Ronald Languedoc has been a featured presenter and led CLE seminars in 2019 & 2020.
- Jan 2021
Elizabeth Donoghue selected by New York Magazine’s 2020 Legal Leaders – Women Leaders In The Law
- Jan 2021
Sam Himmelstein’s latest column in Brick Underground discusses the current state of tenant buyouts in light of the 2019 Housing Stability and Tenant Protection Act.
- Jan 2021
Sam Himmelstein’s most recent Ask Sam article on BrickUnderground.com addresses question: How does New York’s new eviction ban protect me?
- Jan 2021
HMGJ is representing Carmine’s Restaurant facing eviction from their Times Square location
- Jan 2021
Sam Himmelstein is quoted in recent NY Times article which addresses the question- What Can I Do If My Packages Keep Getting Stolen?