Rent Stabilized renewal lease period

On February 29, 2012, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Renewal Lease

Section 2523.5(a) of the NY Rent Stabilization code provides the following in pertinent part:

On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant’s lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease….

Landlord Tenant Attorney in Mineola

As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Landlord-tenant matters. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a consultation.

Tenants and Foreclosure

On May 17, 2010, in Foreclosure, Landlord-Tenant, by Robbie L. Vaughn, Esq.

Tenants and Foreclosure

Tenants and Foreclosure

Many tenants are finding out that the property they are renting has been foreclosed on. As I stated in an earlier post, NY foreclosure law now requires that tenants residing in foreclosed properties receive written notification of the change in ownership of the property. The law also requires that the tenant be allowed to remain in  the foreclosed home for the remainder of their lease term or 90 days, whichever is longer.

Hopefully, you have a lease that was executed prior to the start of the foreclosure action and can find suitable housing for you and your family before your lease expires. If you do not have a lease, then you will only have 90 days to pack up and move your loved ones and all of your belongings.  After that, the new owner, which often times is the foreclosing lender, will seek to evict you.

If you are facing this type of eviction or any other type of eviction, we may be able to stop the eviction and get you additional time to move, etc. We were recently able to stop a foreclosing lender from forcing a family of seven (7) out onto the street.

Long Island Landlord Tenant Attorney

As always,  the 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 and Foreclosure Defense Lawyer.

Please visit our Foreclosure and Landlord-Tenant categories to learn more about foreclosure and Landlord-Tenant issues.

New York Foreclosure Law

On April 23, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

New York Foreclosure Law

New York Foreclosure Law

In 2009, Governor Paterson signed foreclosure legislation aimed at protecting homeowners and tenants.

Protection For Homeowners:

NY foreclosure law now requires that a 90-day pre-foreclosure notice be sent to all homeowners facing foreclosure. This notice is sent prior to the start of the foreclosure action and allows additional time for many homeowners to work with their lenders to prevent foreclosure. Previously, this notice was only sent to homeowners who had sub-prime loans. Caveat:  The 90-day notice period shall not apply, or shall cease to apply,  if the homeowner   does not occupy the 1-4 family dwelling as their principal residence.

This legislation also expanded the scope of the mandatory foreclosure settlement conference to include borrowers of all home loans.  The foreclosure settlement conference provides the homeowner with an opportunity to negotiate a loan modification with their lender. Previously, foreclosure settlement conferences were only available to homeowners who had sub-prime loans.

Protection For Tenants:

NY foreclosure law now requires that tenants, residing in foreclosed properties, receive written notification of the change in ownership of the property. The law also requires that the tenant be allowed to remain in  the  the foreclosed home for the remainder of their lease term or 90 days, whichever is longer.

New York Foreclosure Attorney

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

Please visit our Foreclosure category to learn more about foreclosure issues.

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