Landlord & Tenant
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SEPTEMBER 7, 2022

 

ARTICLE ADDED TO WWW.ROSENBLUMBIANCO.COM

 

PLEASE GO AND CLICK THE LINK FOR: " PROPOSED CHANGED TO RENT STABILIZATION CODE "


REASONABLE ACCOMMODATION REQUIREMENT: EFFECTIVE 6/17/2022

DRP-223: EFFECTIVE 6/30/2022

 

GO TO WWW.ROSENBLUMBIANCO.COM FOR ALL INFORMATION


ERAP & HOLDOVERS 6/10/2022

Our attorneys have been reviewing and discussing the language of the ERAP statute, it seemed counterintuitive that we could not enforce the failure to renew.  

We are of the belief that a landlord is entitled to commence a Failure to Renew Holdover since it is different than a Lease Expiration Holdover (which is strictly prohibited for one (1) year from the date ERAP funds are collected by the landlord) and is a basic lease provision.  

The only change we are advising is that we are going back to a straight lease violation notice (some of you will remember when we were required to do a Ten Day Notice to Cure, instead of commencing a Samson v Hubert Lease expiration holdover which required a Thirty (30) Day notice)  

If you want to start a holdover for this relief, let us know and we will serve a Notice to Cure.


ERAP UPDATE 6/9/2022

 

The State has allocated money to ERAP in the new budget but that will run out quickly.  

Also, there is no sense of urgency by the OTDA and no challenges in the Housing Court to the process that have been successful.  

John has been asking his contacts at the various landlord organizations and clients with some political clout what they intend to do, but no one seems to be pushing the State to act more quickly and/or close the portal.  

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This is the most up to date post on the NYS OTDA – ERAP Portal:   https://otda.ny.gov/programs/emergency-rental-assistance/    

The 2022-23 State budget includes additional funds to support the Emergency Rental Assistance Program (ERAP). Prior to the addition of these funds, OTDA anticipated funding applications submitted through October 7, 2021. As a result of the additional funding, OTDA is processing eligible ERAP applications submitted through March 31, 2022.  

Currently, applications submitted through December 31, 2021, are under active review and processing, to be followed in the coming months by applications submitted from January 1 through March 31, 2022. (R&B: They have not even started to review and will get to in the coming months.)  

This notification will be updated if additional funding is available to pay eligible applications submitted after March 31, 2022.  

Specific Jurisdictions with Projected Available Funding:  

Certain municipalities received ERAP funds directly from the federal government and some have not fully committed these funds. As a result, resources are likely available to fund applications received beyond March 31, 2022. Therefore, tenants in these areas are encouraged to apply.  

IMPORTANT NOTE: Applications from subsidized housing tenants whose rent is limited to a certain percentage of income (including public housing, section 8 and FHEPS) are not currently able to be paid. State law requires that these applications be paid after all other eligible applicants have been reviewed and paid. Therefore, at this time, none of the subsidized housing applications can be paid regardless of the date their application was submitted. Residents of public housing are urged to contact their public housing authority to determine if their rent can be adjusted retroactively based on a previous change in circumstances, including a reduction in income.  

(R&B: Subsidized tenants are not a priority and will not likely ever get funds but they are not being denied.)

 

 

As always, should you have any questions or wish to discuss this further, please do not hesitate to email John Bianco @ JBianco@rosenblumbianco.com or Josh Rosenblum @ Josh@rosenblumbianco.com

or call them @ 516-255-1800 (John Ext. 101 & Josh Ext. 116).


TO START A COLLECTIONS CASE PLEASE EMAIL :

RICHARD BYRNE (RBYRNE@ROSENBLUMBIANCO.COM)

& CHRISTINE MARTINEZ (CHRISTINE@ROSENBLUMBIANCO.COM)


ROSENBLUM & BIANCO LLP 

A FULL-SERVICE LANDLORD-TENANT LAW FIRM  

As our Housing Court practice continues to grow, we felt that it was important to keep you aware of the full range of legal services we provide to our clients.  The need for a quality representation has been made more urgent by the recent enactment of the HSTPA and then the current global pandemic.   In addition to our daily representation of owners, landlords and third-party management in the Housing Courts of the City of New York, Long Island and Westchester, Rosenblum & Bianco LLP represents these same parties in related actions including:  

1.                  Residential and Commercial Post-Possession Collections – Collection work was a natural progression for us from our Landlord-Tenant practice.  We can provide you with comprehensive collection services, from commencement to the action through to the garnishment of wages or bank accounts.  John Bianco and Richard Byrne, an experienced collection attorney, have set up a division of our firm dedicated to collection work.  Assisted by Paralegal Christine Martinez, and done on a contingency fee basis we handle residential, commercial and transactional collections.

2.                  DHCR Administrative proceedings – While we have been doing work for our clients at DHCR and other administrative agencies since our firm opened in 1992, we have recently revised and ramped-up our Administrative Law Department. Our experienced Paralegal, Blanca Zuna, is the point person in our office coordinating the intake of cases, collection of required documentation, and the calendaring of deadlines.  All of our attorneys have extensive DHCR experience.  The attorney assigned will work with Blanca and John Bianco to assure the timely submission of a detailed response to all proceedings, including those involving the T.P.U., Rent Overcharge, Rent Reduction, and Rent Restoration applications.

3.                  E.C.B. (Environmental Control Board) & O.A.T.H. (Office of Administrative Trials and Hearings) is an administrative court that conducts hearings on violations, summonses and tickets issued by City agencies, including the Department of Buildings (DOB), the Fire Department of New York (FDNY), Department of Sanitation of New York (DSNY), and Department of Environmental Protection (DEP). Our firm represents property owners at OATH hearings who have been issued violations, summonses and tickets by the above agencies and fight for the minimum fines.

4.                  Supreme Court proceedings – All Supreme Court actions, including our Article 78 proceedings are coordinated and handled by Josh Rosenblum and Tracy Boshart.  Josh’s Executive Assistant, Afia Cannie assists in the preparation and filing of pleadings and motions.

5.                  Division of Human Rights – While several of our attorneys have experience in defending Human Rights complaints, both Josh Rosenblum and John Bianco are highly versed in this area of practice.  As the number of filings has increased over the past few years, we are prepared to defend you in any Human Rights forum whether a NYC, NYS or Federal action.

6.                  COVID 19 Crisis Management – especially important now, Josh Rosenblum and John Bianco are fully informed of the impact that Covid-19 will have on your business, tenant collections and court proceedings. We can serve as consultants for the constantly evolving rules and regulations, including the CARES Act and SBA Loans, as well as the financial impact on management, rental collection, repairs and maintenance.   We encourage you to look to us to handle your full range of Real Estate Management service needs. 

The information available on this website is disseminated for informational purposes only. Nothing contained herein, (including, but not limited to, all newsletters, press releases, blog posts, documents, biographical information, descriptions, descriptions of services rendered, comments, responses, emails, or other communications), should be construed as a legal opinion or professional advice.