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The New York City Commission on Human Rights recently announced the launch of its new “While Black” ad campaign to combat racial discrimination. According to Carmelyn P. Malalis, chairwoman and commissioner of the organization, the ad campaign is an effort to encourage more people to report instances of discrimination against them.
It may be to your advantage to settle with a tenant over a complaint he’s filed with the DHCR before the DHCR makes a decision on the complaint. Doing so can save you time and money, and you can avoid concerns over an uncertain result. But you need to be careful about how you settle the complaint. The Rent Stabilization Code (RSC) sets forth some rules on what you must do. If you fail to follow them, the tenant can turn around later and renounce the settlement.
Several new and re-elected state senators have made eliminating rent increases tied to major capital improvements (MCIs) important parts of their housing agenda. Last year, State Senator Mike Gianaris and Assemblyman Brian Barnwell introduced a bill in their respective chambers that would repeal the MCI program and instead provide building owners with tax credits to offset the costs of upgrades. Also, Governor Andrew Cuomo announced in his State of the State address that he would seek to at least “limit” the increases.
Speaker Corey Johnson recently introduced a package of bills that focus on protecting tenants in rent-stabilized apartments from harassment by the owners. With the speaker in support of them, the bills have a good chance of passage in the Democrat-controlled Council with some minor revisions and amendments. However, the legislation is likely to face strong opposition from New York’s real estate industry, and it’s not immediately clear whether the bills have the full support of Mayor Bill de Blasio.
Before you sue to evict a tenant for illegally subletting an apartment, you must send the tenant a legal document called a “notice to cure,” which gives the tenant a chance to correct the illegal sublet. If you end up in court on your illegal sublet claim and win, the court will usually give the tenant another chance to correct the illegal sublet before it orders the tenant’s eviction.
According to the Centers for Disease Control and Prevention (CDC), secondhand smoke exposure contributes to approximately 41,000 deaths among nonsmoking adults and 400 deaths of infants each year. Secondhand smoke causes stroke, lung cancer, and coronary heart disease in adults. And children who are exposed to secondhand smoke are at increased risk for sudden infant death syndrome, acute respiratory infections, middle ear disease, more severe asthma, respiratory symptoms, and slowed lung growth.
Generally, tenants in rent-stabilized apartments must be offered renewal leases. The renewal lease can be for a term of one or two years, at the tenant’s choice and is at a rate set by the Rent Guidelines Board. The renewal lease offer must be made on a form created by or on a facsimile approved by the Division of Housing and Community Renewal (DHCR).
In New York City, the owner must give written notice of renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires on a DHCR Renewal Lease Form (RTP-8).
Last year, the city’s focus on tenant harassment culminated in Mayor de Blasio signing a package of bills into law that gave sweeping protections to renters against tenant harassment and unsafe living conditions. Among the bills signed into law was one for an Office of the Tenant Advocate within the Department of Buildings that will monitor various protection plans for tenants and respond to complaints from tenants about construction problems.
In August 2017, New York City passed Local Law 147, which requires residential buildings with three or more residential units to create a policy on smoking and to share it with current and future tenants. For years, the city has banned smoking in the common areas of buildings with 10 or more apartments. With the passage of this law, which takes effect Aug. 28, 2018, the city extended this prohibition to include buildings with three or more units.
The New York City Fire Department (FDNY) recently proposed a rule that would change the content and delivery of the annual residential fire safety guides. A rule is a type of law that is proposed and adopted by a city agency. The rulemaking process generally takes a minimum of 60 days, and during this period, agencies are required to provide New Yorkers with an opportunity to review and comment on the proposed rules. The comment period on FDNY’s proposed rule regarding fire safety guides recently closed.