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Q As a result of the rent laws passed in June, I know that a preferential rent granted in a rent-stabilized tenant’s lease rider or provision must become the base rent upon lease renewal for that tenant, subject to applicable RGB renewal increases. I’m about to offer my tenant a renewal lease.
The federal Fair Housing Act (FHA) prohibits discrimination in the sale or rental of housing based on an individual’s disability, and requires a housing provider to make “reasonable accommodations” that are necessary for a person with a disability to fully use and enjoy his or her housing. This may include allowing tenants with a disability to keep an assistance animal, regardless of a “no-pets” policy. Under the law, an assistance animal is not considered a pet.
QA rent-controlled tenant is vacating. There are eight apartments in my building. The other seven apartments were previously rent controlled or rent stabilized. As they became vacant, I renovated each apartment and then rented them, between the years of 2009 and 2012. They are currently all permanently exempt and not regulated. These are all the same size and “comparable” to the newly vacant apartment.
In January, Gov. Andrew Cuomo ordered owners who received J-51 tax benefits to re-register 50,000 units for rent protection. This followed New York courts’ decisions that any apartment subject to rent stabilization at the time that the J-51 benefits were received must register those units as rent stabilized. The order affected 4,149 buildings throughout the city; 1,986 in Manhattan, 859 in Brooklyn, 741 in Queens, 657 in the Bronx, and 16 on Staten Island.
QOur only rent-controlled tenant went to a local hardware store for a consultation regarding the replacement of her approximately 45-year-old hard wood floor. The tenant claims that the salesperson found out that there’s asbestos in the floor. She gave us the contact details of this person, but when we called him it turned out that he doesn’t work there anymore. A co-worker from the hardware store stated that they do not and cannot find out if there is asbestos in a floor.
Q: Can I collect special rent increases for low-rent apartments that were issued under Rent Guidelines Board Order No. 41 and later challenged in court?
Q How have the Rent Code Amendments of 2014 (RCA 2014) changed the process for deregulating rent-stabilized apartments through high-rent vacancy? Are there any additional forms to fill out?
A As before RCA 2014, if a rent-stabilized apartment with a legal regulated rent of $2,500 or more per month is vacated, the apartment qualifies for permanent deregulation, and therefore for removal from all rent regulation.
Q: The building I own receives tax benefits through the 421-a Affordable Housing Program. In exchange for these benefits, I must rent 20 percent of the apartments to low- to middle-income families and these units are subject to Rent Stabilization. To qualify for one of these coveted apartments, an applicant must meet strict household and income qualifications. If an applicant does qualify and becomes a tenant, he must certify household composition and income on an annual basis as a condition of his continued tenancy.
Q: I recently filed a nonpayment proceeding against a tenant who now claims he’s applying for public assistance. I’m not sure how long the application process takes or whether he’ll even qualify for the assistance. But I suspect this may just be a delaying tactic. Under these circumstances, would I be better off going to trial or working out a settlement agreement with the tenant?
QI'm considering installing security cameras in common-area hallways and in the building elevator. Will tenants be able to successfully sue me on the basis of invasion of privacy and harassment?
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