Screen Shot of Department of State’s Rent Law Memorandum. Click the image to view the full memorandum.

Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section prohibiting landlord’s brokers from collecting commissions from prospective tenants.

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Image Credit: CityLand

Church claimed full exemption from water and sewer charges. The Bethelite Community Church, located in Harlem, owed $1 million in back water and sewer bills. The Church insisted that its building, as a place of public worship, was exempt from water and sewer fees. The Church applied for full exemption including residences within the property incidental to the exempt uses of the property. The Church reasoned these residences were used by the church administrator and an employee of the church. (more…)

Image Credit: NYC HPD

City placed apartment building in program that forces owners to correct severe code violations. In February 2015, Trump Presidential Inc. purchased a three-story apartment building located in St. Albans, Queens. Trump filed a property registration form with New York City Department of Housing Preservation and Development. A few months later, HPD selected the property for participation in the Alternative Enforcement Program. The program identifies the most distressed dwellings in the City and requires the owners to correct deficiencies and bring the buildings to compliance with the New York City Housing Code. A failure to comply with the request may result in substantial fines. (more…)

Proposed rezoning. Image credit: CPC.

City expected to appeal Judge’s decision invalidating the Inwood Rezoning. On December 10, 2019, Judge Verna L. Saunders of the New York State Supreme Court, New York county ruled in favor of the Northern Manhattan is Not For Sale’s Article 78 petition challenging the legality of the Inwood Rezoning. The rezoning was proposed by the city’s Economic Development Corporation and was set to up-zone 59 blocks in the Inwood neighborhood of Manhattan. Approval of the rezoning would permit property owners to build mixed-use commercial and residential developments up to thirty stories tall, where predominantly one to two story-buildings and warehouses previously existed. The plan also included nearly 1,600 new affordable housing units. Northern Manhattan is Not For Sale is an unincorporated association of individuals and organizations alleging the City failed to study the critical impacts of the rezoning before City Council approved the application on August 8, 2018. In large part Northern Manhattan is Not For Sale believes that the rezoning will displace longtime Inwood residents.

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829 Remsen Avenue, owned by the Rada Corporation. Image Credit: Google Maps

Department of Buildings placed commercial building in program that forces the owner to immediately fix code violations. Rada Corporation is the owner of a commercial building located on Remsen Avenue in Brooklyn. In May 2016, the New York City Department of Buildings issued a violation against the property, noting brick and cracked mortar joints. Buildings determined that due to the severity of the violations, an immediate emergency declaration was warranted. After the owner of the building failed to fix code violations, Buildings hired a contractor to construct a sidewalk shed. (more…)