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An Analysis of the New York City Rent Stabilization Code Amendments

SKU: REL4700
Total Credits
1.5 - 2.2
Price$100
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Description

Famed commentator and landlord-tenant practitioner Dov Treiman examines the January 8, 2014 amendments to the Rent Stabilization Code.

Topics include:

  • Institutionalization of the Tenant Protection Unit;
  • Setting the rents in buildings entering rent regulation after having been New York City sponsored cooperatives;
  • A new requirement that preferential rents and the claimed legal rent both be set forth in all leases and lease renewals where there is a preferential rent and a procedure for the DHCR to examine the preferential rent;
  • An exclusion of sub-metering from MCI eligibility;
  • A broadening of “C” violations that disqualify MCI increases and who could investigate them;
  • Exemption of disabled persons from sub-metering;
  • Exemption of qualified senior citizens and disabled persons from luxury decontrol;
  • Expanded mandatory lease riders setting forth more information about how the rent was calculated and the right of the tenant to demand back up documentation for these calculations;
  • An expansion of the advisories to tenants in languages other than English;
  • Institutionalization of the so-called “default formula” for calculating rents, including institutionalization of DHCR’s ability to set such rents on a manner completely opaque to both landlords and tenants;
  • Codification of case law exceptions to the four year look back rule and expanded vitiation of the rule;
  • New rules for reduction of service complaints, removing prerequisites for their filing;
  • Restrictions on vacancy increases and longevity increases where there is an outstanding rent reduction order;
  • Codification of holdings that deemed leases do not hold the tenant for a new lease term;
  • Codification of the requirement to register an apartment as leaving rent regulation and codification and expansion of the requirement to send a first unregulated tenant a so-called “exit notice,” setting forth the basis of the deregulation;
  • Codification of the “add five days for mailing” rule, but explicitly limiting it to notices to cure, access notices, and certain notices in rent stabilized hotels;
  • Expansion of the definition of “harassment” to include false filings;
  • Creation of a new formula for calculating rent on a long term exempt apartment without taking it out of regulation;
  • A new requirement for starting a proceeding to amend any but the current year’s registration statement;
  • Codification of disqualification for an MCI or a vacancy increase when the apartment is not properly registered;
  • Clarification of the filing deadlines for an Article 78 proceeding;
  • Prohibition of luxury decontrol for qualifying seniors and disabled persons.

Lecturer Bio

Dov Treiman, Esq.

Mr. Treiman is the partner at Adam Leitman Bailey, P.C. who manages the firm's landlord-tenant civil litigation practice. As one of the leading authorities in the landlord-tenant bar, Mr. Treiman's drafting of appellate briefs, legal documents and motions has increased the ability of Adam Leitman Bailey, P.C. to garner better results for its clients.

Mr. Treiman was involved in private practice for fifteen years before devoting his principal time to the collecting, editing, writing, and publishing of scholarly research materials in landlord-tenant law. His writings include several articles in the New York Law Journal and numerous articles in the Landlord-Tenant Practice Reporter.

Mr. Treiman is the Founding Editor and Contributor of numerous articles to Landlord Tenant Monthly (4 volumes); Editor and Commentator, The Housing Court Reporter (24 volumes); Editor and Commentator, Treiman's Commentaries (3 volumes); Editor, The Housing Court Reporter Chronological Annotator (3 volumes); Editor, The Housing Court Reporter Plaintiff-Defendant Tables (2 volumes); Editor, The Housing Court Reporter Digest (7 volumes); Editor and Commentator, Treiman's New York Landlord Tenant Statutes Annotated (3 volumes); Editor and Commentator, Treiman's Rent Stabilization Code Annotated (3 volumes); Editor and Author, Treiman's Trial Manual; Editor and Principal Author, Treiman's Encyclopedia and Dictionary (2 volumes); Editor and Commentator, Treiman's Leading Cases (2 volumes); Editor, Public Documents of the DHCR; Editor, The Loft Board Reporter (18 volumes); Editor, The New York City Administrative Law Reporter (3 volumes); Editor, Landlord Tenant Appellate Reporter (7 volumes).

Of these, undoubtedly, the most important is the Housing Court Reporter, the standard work used by all the New York City courts and all quality practitioners of landlord-tenant law to search through some 50,000 cases for applicable precedents for appellate briefs, legal documents and motions.

Starting in 2006, Mr. Treiman was commissioned by the State of New York to produce special editions of several of these works for their use in chambers by each of the 51 Housing Judges.

In all, Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators. Mr. Treiman has also written several other books on non-legal topics.

Mr. Treiman is a frequently sought lecturer on landlord-tenant subjects and has been retained by most of the providers of Continuing Legal Education in the New York City area. He is the principal consultant to the New York Times for landlord-tenant matters. Mr. Treiman is the Chair of the Board of Advisors of the Apartment Law Insider.

Mr. Treiman has been recognized for this work with featured biographies in Who's Who in American Business, Who's Who in American Law, and Who's Who in America. Mr. Treiman earned his Bachelor's Degree from the State University of New York at Stony Brook and his Juris Doctor from St. John's University, School of Law. Mr. Treiman resides with his husband, paralegal Tom Treiman.



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