Rent Stabilization Rules

Under certain circumstances, the Rent Stabilization rules (Rent Stabilization Code) allows a landlord to recover a stabilized apartment for personal use.

In a recent case, Nestor v. Britt, 2012 NY Slip Op 22034 – NY: Appellate Term, 1st Dept. 2012, the court stated the following:

We agree, essentially for reasons stated by Civil Court, that petitioner-landlords are barred from maintaining the within owner use holdover proceeding based upon their demonstrated failure to comply with the equivalent housing requirements of Rent Stabilization Code (9 NYCRR) § 2524.4(a)(2). The cited Code section requires a landlord seeking to recover a stabilized apartment for personal use to offer an elderly or disabled tenant “lawfully occupying” the unit “an equivalent or superior housing accommodation at the same or lower regulated rent in a closely proximate area.” As the motion court properly recognized, the landlords’ offer to the elderly tenant of any number of unregulated “market” apartments did not satisfy their statutory obligation to offer tenant “an equivalent or superior housing accommodation at the same or lower regulated rent” (emphasis added) (Code § 2524.4(a)(2); see Rent Stabilization Law [Administrative Code of City of NY] §26-511[c][9][b] [“same or lower stabilized rent”), a requirement which plainly presupposes that the proposed alternative housing unit itself be covered by rent stabilization.

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How Long Does a Bankruptcy Stay on My Credit Report?

On January 26, 2011, in Bankruptcy, by Robbie L. Vaughn, Esq.

Up to ten Years.

The fact that you’ve filed bankruptcy can appear on your credit report for ten years from the date your case was filed.  However, this does not mean that you can’t buy a house, rent an apartment, get a car loan or a credit card for ten years. Debts discharged in your bankruptcy should be listed on your credit report as having a zero balance. Because bankruptcy wipes out your old debts, you will likely to be in a better position to pay your current bills and make  monthly payments on new debt.

In fact, you may receive credit offers soon after your debts are discharged in bankruptcy. However, it would be wise to carefully consider the terms, need, and affordability of each new credit offer. Wisely using credit can go a long way in helping you avoid future financial problems.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

Please visit our Bankruptcy category to learn more about filing for bankruptcy.

NYC’s Worst Landlord Watch List

On September 4, 2010, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

NYC’s Worst Landlord Watch List

Before you rent your next apartment, you may want to check out Public Advocate Bill de Blasio’s new website:

Press release: “Public Advocate Bill de Blasio today unveiled a new website that exposes the landlords behind some of the city’s most dangerous and dilapidated buildings. The Public Advocate’s NYC’s Worst Landlords Watch List is the first resource allowing tenants to look up a current or potential landlord by name and see code violations for other buildings the landlord owns. The Watch List is available online at advocate.nyc.gov/landlord-watchlist.”

Visit our Landlord-Tenant category to learn more about Landlord-Tenant issues.

NYC Landlord Tenant Attorney

As always, The Landlord-Tenant Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620 to arrange a consultation with a  Landlord-Tenant attorney.

Evicting a Problem Tenant

On May 3, 2010, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Evicting Problem Tenants

Evicting Problem Tenants

So, you have had it with your tenant and want them out. Evicting a tenant can be a tricky and lengthy process.

The following is very general overview of the eviction process*:

1. Determine the status of the person occupying the premises (i.e. tenant);

2.Determine what grounds you have to evict (i.e. breach of lease terms);

3. Determine the type of action you can bring (i.e. non-payment);

4. Determine what notice must legally be given to the occupant (i.e.  3 days);

5. Give the occupant the appropriate notice in the appropriate manner;

6. File the appropriate petition in the appropriate court;

7. Have the tenant appropriately “served”;

8. File proof of service with the court;

9. Wait for tenant to answer or default;

10. Go to court!

*The above is merely an overview of the eviction process.  Additional or different steps may be required to evict a particular tenant.

If you are having trouble evicting a tenant we may be able to help you evict them so that you can re-let your apartment, sell your home, etc. We were recently successful in using the landlord-tenant court to get a tenant, that had not paid rent for over eight (8) months, out of a landlord’s apartment building in a matter of days.

Nassu County Eviction Attorney

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island.

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.

Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan