Services | NYC Landlord Tenant Real Estate Law

Using our unique experience both in real estate law and New York City regulatory compliance, our real estate law firm advocates for the rights of landlords and property owners.

The real estate world in New York City moves fast and our team of attorneys and paralegals provide frequent updates and status reports on ongoing matters to make sure our clients are ahead of the pace.

LANDLORD TENANT LAW

Richard Neubarth & Associates has extensive experience in both nonpayment and holdover evictions, assisting our clients at every step of the eviction process.

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Eviction can often be a long and arduous process, but we have developed an efficiency-maximizing system that cuts down the time and expenses normally associated with an eviction proceeding.

From the rent demand notice to filing the Petition, we will see the case through to the end. We also perform due diligence on various HPD violation issues or DHCR registration deficiencies to identify them well before the case is in front of the bench.

Our services include:

  • Initiating nonpayment and holdover evictions
  • Drafting surrender agreements
  • Money judgements
  • Various termination notices
  • Rent demands
  • Tenant disputes
  • Improper use
  • Lease violations
  • Access letters
  • Property management
  • Nuisance issues

Please contact us directly with any questions and we’ll be there to offer reliable legal advice.

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RENT STABILIZATION (DHCR) & RENT CONTROL

The Division of Housing and Community Renewal (DHCR) is a New York City agency responsible for developing and enforcing rent regulation and housing standards in New York State.

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Many landlords and tenants initiate actions in housing court while simultaneously being involved in DHCR proceedings or pending approvals. DHCR decisions and rulings often receive deference from civil housing courts and have implications on your case that others firms may fail to identify.

Our firm is one of the few firms in New York that specializes in representing clients with pending DHCR matters including, but not limited to:

  • Overcharge Complaints
  • Certificate of Occupancy Registration
  • Lease Renewal Orders, Services Orders
  • Major Capital Improvement Orders
  • Assistance with filings

City and State regulatory agencies are heavily involved in the rapidly shifting housing market in New York City and we are becoming the firm clients know they can trust to identify regulatory issues in their housing matters.

 

We are one of the few L&T firms that specialize in complex rent regulation issues including, but not limited to:

  • Eviction Proceedings
  • Owner Occupancy
  • Substantial Rehabilitation
  • Illegal Sublet/Assignment
  • Major Capital Improvements
  • Luxury Decontrol
  • Non-renewal notices
  • Non-Primary Use
  • Overcharge Complaints
  • Rent Increase
  • Individual Apartment Improvements (IAI)
  • High-Rent Vacancy Deregulation
  • Market Rate Determination
  • Unauthorized Alteration
  • Lease Renewal Compliance
  • 421-a Buildings
  • J-51 Buildings
  • Section 8 Recipients
  • Co-op Conversion

And other rent regulation issues.

Regardless of apartment, our team has the experience needed to ensure headaches are avoided further down the line.

 

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HPD (HOUSING PRESERVATION AND DEVELOPMENT)

Our firm has extensive experience handling matters involving New York City Department of Housing Preservation and Development (HPD).

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Such services Including but not limited to:

  • Violations
  • Inspections
  • Access Letters
  • Agency Regulations

City and State regulatory agencies are heavily involved in the rapidly shifting housing market in New York City and we are becoming the firm clients know they can trust to identify regulatory issues in their housing matters.

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COMMERCIAL LANDLORD TENANT DISPUTES

Commercial lease disputes are on the rise in New York City as tax escalation and land use regulations are leading to both landlord and tenants having to deal with outstanding rent or recovery of the premises.

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Commercial leases are generally a lot lengthier and complex than residential leases and more often than not a commercial L&T dispute will center around the language of the controlling lease.

Our team is familiar with the common pitfalls of a commercial lease that can lead to litigation and we know how to properly address the issues that accompany them. Not all defaults of lease terms warrant termination and we have experience arguing both sides of a default-termination dispute. Landlords in these situations may be at risk of losing money while a nonpaying tenant remains in possession and tenants may risk losing their entire livelihoods due to unwarranted terminations and strongarm tactics employed by landlords.

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REAL ESTATE TRANSACTIONS

Beyond litigation, we offer specialized transactional services for landlords, tenants, small business owners, property owners and buyers.

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Our team meets with all of our clients face to face, listening to what you hope to accomplish in the agreement or transaction, and then talking you through the process of how we intend to make that happen.

In Buy/Sell property transactions, we conduct extensive due diligence in reviewing title, loan documents, leases, surveys, and evaluation reports, in order to give our clients an expert opinion and detailed approach to their transactions. We’ll help you feel fully prepared and keep you updated every step of the way.

We also specialize in small business transactions/disputes involving property interests.

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LITIGATION

Our team is expereinced and fully capable of handling cases from inception to trial. We have built strong relationships and ties throughout the New York Court system, allowing us to effectively navigate through the various Parts.

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We handle cases in Kings, New York, Queens and Bronx counties. Clients need a zealous advocate who can think on their toes and put them at ease during litigation, which can be a very arduous process. We keep the client involved and updated throughout the course of litigation and offer sound advice on pertinent business decisions that a client may have to make because our attorneys are pragmatic and able to put themselves in the shoes of property managers.

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Airbnbs

Illegal short-term rentals listed on sites like Airbnb are impacting property owners in New York City. In 2016 a state law was passed increasing penalties and fines for both tenants who post illegal short-term rental listings and the property owners allowing them to do so.

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There have been recent efforts by New York lawmakers to require Airbnb listings to disclose the address of the rentals to make it easier to uncover illegal listings.

Under New York State Multiple Dwelling Law, residential multiple dwellings must be occupied by the tenant of record, or family, for 30 or more consecutive days and anyone else occupying that space for more than 30 days is a violation of the law.

Our team have the experience and knowledge to ensure property owners are both aware of the laws governing short-term rentals, and armed with the knowledge of how to properly investigate these cases of illegal short-term rentals in rent-stabilized units.

We can help you navigate short-term lease regulations, avoiding potentially damaging fines as well as thoroughly investigate and prevent illegal short-term rental listings.

For more information about how we could help you, please contact us directly.

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Lease Drafting

Our office has years of experience in litigating lease issues and property management. We understand the importance of a strong and comprehensive lease, ensuring that both tenant and landlord are on the same page.

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We offer services in both Residential and Commercial lease drafting.

We focus on using direct and precise language, avoiding muddled legalese and poorly worded terms, and ensuring clear communication throughout. The most minor ambiguities in a lease’s language can lead to costly litigation, so we aim at being clear but comprehensive.

We tailor the terms in our leases to fit the client’s personal needs and avoid boilerplate terms that may overlook the specifics of the arrangement. Ensuring that your lease is accurate and up-to-date now, will save you a lot of stress later.

Please contact us with any questions about drafting a lease.

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