Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Apartment buildings in Brighton Beach
    Rent
    City Council passes COPA, paving the way for land trusts and non-profits to get first dibs on failing buildings
    NYC brownstones
    Troubleshooting
    You bought a NYC townhouse. How are you going to manage it?
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    17th Street in Manhattan
    Rent
    Manhattan median rent reached $4,900 again last month amid intense competition
    low-rise NYC residential buildings
    Rent
    Ask Altagracia: My landlord didn't send a lease renewal. Should I ask for it?
    Sponsored By Outerbridge Law P.C.
    Manhattan towers
    Rent
    If you were a millionaire, would you buy or rent in NYC?
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Fire escape on brick apartment building in NYC
    Troubleshooting
    A fire safety checklist for your NYC apartment building
    The Hiram and Henrietta A. Pettibone House - 124 East 10th Street
    Live
    The 1861 Pettibone House at 124 East 10th St: A former boarding house with a notable designer
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    Elevated view of busy New York City avenue
    Renovation
    What NYC co-op and condo boards can do about higher insurance premiums
    Apartment buildings in Lower Manhattan
    Renovation
    Which repairs are co-op and condo owners responsible for? What do buildings take care of?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    low-rise NYC residential buildings
    Rent
    Ask Altagracia: My landlord didn't send a lease renewal. Should I ask for it?
    Sponsored By Outerbridge Law P.C.
    NYC low-rise apartment buildings with stores on the ground floor
    Affordable Housing
    Ask Altagracia: I checked my apartment's rent history and I think it was illegally de-stabilized. What should I do?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: What does the new supermajority in Albany mean for NYC tenants?

By Himmelstein McConnell Gribben & Joseph LLP  | December 8, 2020 - 1:00PM
image

The new Democratic supermajority in the New York State Senate could pass more rent reform legislation.

Kenneth C. Zirkel

Now that Democrats have a supermajority in the State Senate, could this lead to more rent reforms benefiting New York City tenants?

The Democrats' victory in the New York Senate could present an opportunity to expand upon the Housing Stability and Tenant Protection Act, the landmark rent reform legislation passed in 2019, says Sam Himmelstein, a lawyer with the firm Himmelstein, McConnell, Gribben, Donoghue & Joseph who represents residential and commercial tenants and tenant associations.

But in the short term, a top priority is likely to be protections for tenants impacted by the coronavirus and ensuing economic crisis. There are two major pieces of legislation currently in committee, both of which are designed to offer NYC tenants relief: the Emergency Housing Stability and Displacement Prevention Act and the Rent and Mortgage Cancellation Act of 2020.

The former would prevent all eviction and foreclosure filings for commercial and residential tenants throughout the pandemic and for a year following, and the latter would cancel all rent for tenants, as well as mortgage payments for small homeowners, for the duration of the Covid-19 state of emergency, plus an additional 90 days.

Tenant advocates hope this legislation will prove more successful than a previous Covid rent relief program, which prioritizes households with the greatest economic need and requires renters to file an application proving they meet specific criteria.

“The bill they passed for tenants to apply for relief didn’t work well,” Himmelstein says. “Word didn’t get out, and tenants couldn’t figure out how to use it. This new legislation doesn’t seem to be tied to economic distress, so it should be easier for people to figure out.”

That said, it’s possible these bills will be heavily negotiated, and end up being passed in different form.

Beyond Covid-related relief, there is opportunity for Senate Democrats to build on HSTPA by passing a tenant protection bill that would prevent landlords from evicting tenants without good cause without good cause, which would extend certain rights to market-rate tenants that are ordinarily reserved for rent-regulated tenants.

The Senate supermajority could also end up passing legislation levying additional taxes on New York State billionaires, which would likely have benefits for NYC tenants.

“Some of those funds could be used to help people with issues paying the rent, and help landlords who are struggling, too,” Himmelstein says.

Finally, the new supermajority may see fit to reinforce certain aspects of the HSTPA, including its stance on charging broker fees to renters.

“The idea that tenants, instead of landlords, have to pay the broker when renting an apartment was in fact eliminated by the legislation,” Himmelstein explains. “The secretary of state began enforcing it, but brokers sued and the secretary agreed, pending legislation, to stop enforcing it. That’s why tenants are still being charged.”

Tenant advocates argue that this practice is illegal, and brokers who charge tenants risk being sued. Democrats in the state legislature could use their new supermajority to clarify issues such as these.

Related: 

Ask Sam: Are landlords less likely to take NYC tenants to housing court because of the new rent laws? (sponsored)

Ask Sam: Am I covered by the CDC or New York ban on evictions? What happens when they end? (sponsored) 

Ask Sam: What are the rules for evicting rent-stabilized tenants in NYC? (sponsored) 

Read all the Ask a Renters' Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia broker fee Coronavirus eviction landlords Rent rent laws rent regulation tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
NYC brownstones
You bought a NYC townhouse. How are you going to manage it?
Apartment buildings in Lower Manhattan
Which repairs are co-op and condo owners responsible for? What do buildings take care of?
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS