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
    Fran in her Lenox Hill studio
    Buy
    Why I moved to NYC from Newport Beach, CA: To create a new semi-retired life
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    1832 Fulton St. in Bedford Stuyvesant.
    Affordable Housing
    Housing lottery launches for 65 rent-stabilized units in Bed-Stuy
    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.
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
  • 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
    237 East 79th Street
    Live
    237 East 79th St: An apartment building with the ‘modern improvements’ of 1878
    Apartment buildings in Lower Manhattan
    Renovation
    Which repairs are co-op and condo owners responsible for? What do buildings take care of?
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Apartment buildings in Lower Manhattan
    Renovation
    Which repairs are co-op and condo owners responsible for? What do buildings take care of?
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
  • 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.
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    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: Our landlord won't recognize our tenant association. What can we do?

By Himmelstein McConnell Gribben & Joseph LLP  | June 23, 2021 - 12:30PM
image

If you believe your landlord is retaliating against you and your neighbors for forming a group, you can take action by filing an HP proceeding in court.

iStock

I am the chairman of my building’s newly-formed tenant association, but our landlord does not want to acknowledge us. Are there any legal remedies for this situation?

Statutes in the Real Property Law state that tenants have the legal right to form tenant associations, but there are no laws on the books that formally compel landlords to acknowledge them, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

“These statutes protect the rights of tenants to form tenant associations, publicize them, and meet in common areas of the building, and their landlords can’t interfere or retaliate against them for doing so,” Himmelstein says. “But in terms of forcing the landlord to recognize the association, there doesn’t seem to be a remedy.”

There is legal precedent for tenant associations to initiate HP proceedings against landlords, which compels them to repair issues or violations in a building. These legal petitions can also be filed if a landlord is harassing tenants.

Simply failing to acknowledge a tenant association probably doesn’t qualify as harassment, but if you believe your landlord is retaliating against you and your neighbors for forming a group, you can take action in the courts by filing an HP proceeding.

Retaliation might take the form of the landlord trying to substantially raise the rent of market rate tenants at lease renewal, not making repairs when they’re requested, doing disruptive construction at late hours, filing baseless lawsuits, pressuring tenants to accept buyouts  or threatening and intimidating tenants in other ways. A landlord who refuses to renew the leases of market-rate tenants who have formed an association could also be guilty of retaliation and possibly  harassment.

Under 2019’s Housing Stability and Tenant Protection Act, a landlord who attempts to evict a tenant within a year of their joining a tenant association is considered to be retaliating, and the landlord must provide a credible reason for the eviction. You can read more about what qualifies as harassment.

“In and of itself, there’s not much you can do about him not recognizing your association, except keep insisting he do so and acting as a group,” Himmelstein says. “Make a record of your meetings, and put things in writing. Write the landlord a letter pointing out the statutes that give tenants the right to create associations, and tell him he’s acting illegally by ignoring it.”

Whether or not your landlord acknowledges your tenant association, there are still many compelling reasons to maintain one. And should a more serious issue arise in your building, you will have strength in numbers to address it.

Related: 

Ask Sam: How do I start a tenant association? (sponsored) 

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

Lenox Terrace tenants receive $1.1 million class action settlement. This could be good news for other renters (sponsored) 

Read all our 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 landlords tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
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?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
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