NY Housing

Question 1

What are the four systems of rent regulation?

Answer 1

(1) NYC Rent Control; (2) Non-NYC Rent Control; (3) NYC Rent Stabilization; (4) Non-NYC Rent Stabilization.

Question 2

Which laws govern NYC Rent Control?

Answer 2

NYC Rent and Rehabilitation Law.

Question 3

Which laws govern Non-NYC Rent Control?

Answer 3

Emergency Housing Rent Control Law and the State Rent and Eviction Regulations.

Question 4

Which law governs NYC Rent Stabilized apartments, as opposed to non-NYC Rent Stabilized?

Answer 4

NYC Rent Stabilized = Rent Stabilization Law & NYC Rent Stabilization Code;

Non-NYC Rent Stabilized = Emergency Tenant Protection Regulations

Question 5

What NY statutory compilation governs the LL-tenant relationship in regards to protection and defense of eviction proceedings?

Answer 5

Real Property Actions and Proceedings Law. Article 7 (R.P.A.P.L. §§ 701-767).

Question 6

What NY statutory compilation governs the LL-tenant relationship in regards to basic substantive rights?

Answer 6

Real Property Law. Article 7 (R.P.L. §§ 220-238).

Question 7

Generally, what does the Multiple Dwelling Law (M.D.L.) protect?

Answer 7

Health and safety protections of NYC multiple dwellings (e.g., right to working doorbells, mail delivery, repairs, CofO).

Question 8

Which law delineates standards for good repair, cleanliness, temperature, etc.?

Answer 8

NYC Housing Maintenance Code (N.Y.C. Admin. Code Tit 27, Ch. 2 (§§27-2001-27-2153).

Question 9

What is a Rent Demand and when is it proper?

Answer 9

A rent demand is a predicate notice to non-payment court proceedings. RPAPL §§ 701, 7011. It must be in (1) writing, (2) give 14 days notice of court action, and (3) detail rent owed, threat of civil action, signed by LL or agent, and affidavit of service.

Question 10

Can a rent demand be amended?

Answer 10

No. Rent demands may not be amended. Bonsignore v. De Bove Inc ., N.Y.L.J. June 24, 1998, at 26, col. 5 (Civ. Ct. N.Y. Co.), citing Chinatown Apts. v. Chu Cho Lam , 51 N.Y.2d 786 (1980).

Question 11

May the Notice of Petition be issued by the petitioner?

Answer 11

No. A Notice of Petition may only be issues by an Attorney.

Question 12

When is the service of the Notice of Petition and Petition complete?

Answer 12

Service is complete upon personal delivery, or, if made by another method than personal delivery, upon filing of affidavit of service with the Clerk of the Court. RPAPL § 735(2)(b).

Question 13

When must the Notice of Petition and proof of service be filed with the court?

Answer 13

3 days after proper service has been made. RPAPL § 735(2).

Question 14

What are the three methods of service?

Answer 14

(1) Personal Service; (2) Substitute Service; (3) Conspicuous Service.

Question 15

RPAPL § 741(1)-(5) requires what of the petition?

Answer 15

The Petition must include (1) Petitioner’s interest; (2) Respondent’s interest; (3) Description of the premises; (4) Facts on which proceeding is based; (5) Relief sought.

Question 16

What is “Multiple Dwelling Status” and the classes?

Answer 16

A “multiple dwelling” is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other. Class A is for permanent residency (e.g., apartments or condos). Class B is transient residency (e.g., hotels, hostels, etc.).

Question 17

Must an Answer to a petition be in writing?

Answer 17

No. An Answer to a petition may be oral or in writing. RPAPL § 743.

Question 18

When must an Answer be verified?

Answer 18

An Answer must be verified when the Petition has been verified by the LL or the answer raises defenses like SMJ or Personal JD (CPLR § 3020(c)).