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Good Cause Eviction Law

 

https://www.nixonpeabody.com/insights/alerts/2024/04/22/new-york-enacts-good-cause-eviction-law

 

On April 20, 2024, New York enacted the Good Cause Eviction Law (Good Cause), which dramatically impacts the rights and obligations of landlords and tenants in New York by limiting evictions, requiring lease renewals, and capping rent increases for most market rate apartments in New York City, and potentially, other villages, towns, or cities state-wide.  Good Cause is effective immediately and will apply to all new leases and renewal leases, unless exempted, in New York City and to any other villages, towns, or cities that chose to opt-in to the law.

 


NEW YORK GOVERNOR SIGNS NEW SQUATTER LAW

 

 

The new law added the following language to RPAPL 711:  

 

  ³ 711. Grounds where landlord-tenant relationship exists. A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer. A tenant shall not include a squatter. For the purposes of this section, a squatter is a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession. In the event of a conflict between the provisions regarding squatters of this section and the provisions of subdivision three of section seven hundred thirteen of this article, the provisions of section seven hundred thirteen of this article shall be controlling. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds:


ROSENBLUM & BIANCO, LLP

LANDLORD TENANT ATTORNEYS AT LAW

 


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.
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