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
    brownstone NYC
    Troubleshooting
    You bought a NYC brownstone. How are you going to manage it?
    1st Avenue in Manhattan
    Sales Market
    6 reasons why your mortgage application might be denied or delayed that have nothing to do with you
    Hudson Yards area of Manhattan
    Sell
    Hudson Yards takes the top spot again among NYC’s most expensive neighborhoods for buyers
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Naama Davidovics in her Morningside Heights apartment
    Rent
    From Washington Heights to Morningside Heights: I wanted a place that fit me better
    TULU kiosk
    Rent
    No room for appliances? In some luxury NYC rentals, you can borrow them for a fee
    NYC apartment buildings
    Rent
    Ask Altagracia: My landlord enters my apartment with no warning. What can I do to stop this?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    three-bedroom duplex condo in Williamsburg is listed for $1.8 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    Townhouses on West 78th Street on the Upper West Side
    Sell
    ‘Buyer beware’ offset by new ‘seller reveal’ requirement for townhouse deals in New York
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
  • 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
    image
    Neighborhood Intel
    I’ve been a NYC doorman for 22 years. This is what I think about holiday tipping
    Live
    Holiday tipping poll 2025 results
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    washer dryer condo bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    NYC apartment buildings
    Affordable Housing
    Ask Altagracia: Our building is badly neglected. Can we as tenants take over the building?
    Sponsored By Outerbridge Law P.C.
    NYC apartment buildings
    Rent
    Ask Altagracia: My landlord enters my apartment with no warning. What can I do to stop this?
    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: I read the number of Manhattan rentals being warehoused has tripled. Is this legal?

By Himmelstein McConnell Gribben & Joseph LLP  | May 26, 2021 - 12:30PM
image

Some landords keep apartments vacant rather than rent them at a discount.

Austin Havens-Bowen for Brick Underground/Flickr

SHARE:
Share to Facebook
Share to Twitter
Print
More...

I read that since rents have dropped during the pandemic, especially in Manhattan, landlords are keeping way more empty apartments off the market than usual. Is this legal? Can renters do anything about this?

It’s not against the law for landlords to keep apartments vacant, except under a few specific circumstances, says Sam Himmelstein, a lawyer with the firm Himmelstein, McConnell, Gribben, Donoghue & Joseph who represents residential and commercial tenants and tenant associations.

The term for this is called “warehousing,” and it has seen a spike during the pandemic. Landlords shelved triple the number of unrented Manhattan apartments that they typically hold back, according to data from UrbanDigs. 

The reason? Demand for rentals, particularly those in pricey new developments in Manhattan, dropped significantly during the pandemic. In response, many landlords offered concessions to new tenants, like multiple months of free rent—and lower rent—in an effort to entire new renters. Other landlords have increasingly opted to not rent their units at all, in the hopes that the market will soon shift and they will be able to charge the rents they want.

In April, Manhattan’s median rent, $2,975, was down 4 percent compared to the previous month and down 18.5 percent compared to April 2020, according to the Elliman Report. Low rents sparked record lease signing last month but Manhattan landlords are still dealing with an eye-popping vacancy level. It’s been stalled above 11 percent for three months, compared to 2.42 percent in April 2020. 

Another contributing factor: The 2019 rent reforms, which overturned vacancy deregulation. The law now prevents landlords from significantly increasing the rent on stabilized apartments after they become vacant. Some landlords are warehousing apartments because they’re hoping the legislation will get overturned or modified, which is unlikely, Himmelstein says.

That said, there’s nothing illegal about warehousing in most instances. In the 1989 case "Seawall Associates vs. New York," plaintiffs challenged the warehousing of SRO units in a building, but the court ruled against them.

"The court of appeals said it was unconstitutional to force landlords to rent out apartments,” Himmelstein says. “You can’t tell them what to do with their properties other than requiring them to follow zoning laws and regulations, codes governing housing standards and services, and rent regulation laws and codes.”

There are also specific situations in which warehousing could be considered illegal. One is if it creates dangerous conditions—for example, if all but one of the units in a building is vacant, it could create a security risk for the tenant living there.

Warehousing apartments could also be deemed illegal when it occurs ahead of a rental building being converted to co-ops or condos.

“Excessive long-term vacancies are illegal in the months leading up to a co-op or condo conversion,” Himmelstein says. “If an owner has more vacancies than they did previously, the attorney general can refuse to process their conversion plan.”

Excessive long-term vacancy is defined as more than 10 percent of apartments and a percentage that is double the normal average vacancy rate for the building for two years before the January preceding the date the offering statement was first submitted.

For most renters, though, there is little recourse if they suspect a landlord of warehousing apartments. Tenant advocates argue that this practice contributes to a shortage of affordable housing, but, Himmelstein says, because of the court of appeals ruling about constitutionality, “if the legislature did pass a law against warehousing, it might have vulnerabilities.”

Related: 

Ask Sam: Is a landlord allowed to 'warehouse' vacant apartments? (sponsored)

Ask Sam: Our rent-stabilized building is converting to condos. What are our rights? (sponsored) 

Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money? (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 Coronavirus landlords tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
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