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According to the sanitation rules and regulations of New York City, owners are responsible for the cleanliness of the sidewalk in front of and adjacent to their property. The sidewalks (including areas like tree pits, grass strips, etc.) and gutter areas (18 inches from the curb into the street) along the building perimeter are required to be kept clean. And sweepings must be picked up and deposited in suitable containers for collection.
In the past few years, we've seen the rise of Web sites designed to meet the demands of creative tenants looking for ways to make some extra money. Popular Web sites such as airbnb.com, homeaway.com, and craigslist.org allow tenants to become short-term landlords, providing them with a quick and easy way to list their rent-regulated apartments and earn extra money while residing elsewhere.
Tenants can cause unsafe conditions on your building's façade, especially during the summer months. Tenants may start placing items on the window ledge, such as plants and flowers, for the sun exposure. Tenants may attach something to the façade itself, such as a clothesline to take advantage of the heat to dry clothes, or they may improperly install air conditioners in the window to escape the heat.
Filing a petition for administrative review (PAR) with the Division of Housing and Community Renewal (DHCR) can be one of the most important dollars-and-cents steps you take. That's especially true if you're using the PAR to appeal a rent-cut order, a rent-overcharge decision, or the denial of a rent hike application. So nothing could be worse than having your PAR dismissed without even being heard, simply because the DHCR says it wasn't filed on time. In some instances, the PAR may actually have been filed on time.
Rent-stabilized tenants who think they're paying illegally high rents can file rent overcharge complaints with the Division of Housing and Community Renewal (DHCR). To beat a tenant's overcharge complaint, you must file certain key documents with your “answer.” These documents help you prove that you've properly calculated the tenant's rent.
Carbon monoxide (CO) is a particularly dangerous gas. In addition to being fatal in large enough quantities, it's odorless, colorless, tasteless, and nonirritating. Passed in December 2011 and effective as of April 25, 2012, Local Law 75 of 2011 requires building owners to replace their carbon monoxide alarms regularly, and the first deadline for doing so is approaching in October. The law amends a 2004 law that initially required owners to install these alarms by November of that year.
If you have a vacant rent-stabilized apartment, you may be able to take advantage of a money-making opportunity. If you rent the apartment to a commercial or professional tenant who will use it solely for nonresidential purposes (for example, as a medical office), the apartment will no longer be covered by rent stabilization. In other words, you can negotiate with the professional tenant and charge whatever rent the market will allow.
This April marks the 44th anniversary of the Fair Housing Act's (FHA) passage—the landmark legislation signed into law on April 11, 1968, that prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, sex, and, as amended, disability or family status. In 2010, the Department of Housing and Urban Development (HUD) issued a report stating that more than 10,000 people filed housing discrimination complaints in 2009.
Tenants sometimes obstruct fire exits, including fire escapes, with a variety of items. Department of Housing Preservation and Development (HPD) inspectors and the fire department routinely find such things as flowerpots, mops, buckets, brooms, and bicycles on fire escapes. These items could prevent escape from an apartment if there's a fire. Tenants also block public hallways with such items as bicycles or baby carriages. Such obstructions could prevent tenants from quickly exiting the building.
In the March 2012 issue, we discussed how to overcome stall tactics used by tenants to delay rent restoration orders. Oftentimes, tenants will try to introduce new service complaints for defective conditions after the Division of Housing and Community Renewal (DHCR) has issued a rent cut, at the time you've filed an application with the DHCR to reinstate the original rent.