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
    213 29th St. in Greenwood
    Buy
    We want to buy a Brooklyn townhouse under $2 million. Should we consider a one- or two-family?
    15 Jay St., #PH, a three-bedroom condo in Tribeca
    Co-ops
    The pros and cons of owning a NYC penthouse apartment
    Three-bedroom condop is on the market for $1.45 million at West End and Eighty Seven
    Sales Market
    What’s a condop? What do I need to know about buying there?
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Apartment buildings on the Upper East Side of Manhattan
    The Market
    New landlord: 10 tips if you're renting out a NYC apartment for the first time
    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.
    image
    Roommates + Landlords
    No heat in your NYC apartment or radiator too hot? Here's what you can do
  • 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
    The Lonely George and Annie Smith Mansion - 1033 Fifth Avenue
    Live
    The Smith Mansion at 1033 Fifth Ave: A dignified Beaux Arts design sandwiched between apartment buildings
    NYC brownstones
    Troubleshooting
    You bought a NYC townhouse. How are you going to manage it?
  • 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: My rent-stabilized building is being sold. How do I protect myself from being pushed out?

By Himmelstein McConnell Gribben & Joseph LLP  | September 26, 2018 - 10:00AM
image

Stuyvesant Town is one of many rental complexes where residents have formed a tenants' association.

Marianne O'Leary / Flickr

I live in Parker Towers, a huge rent-stabilized apartment complex in Queens that is being sold to Blackstone Group, the same company that bought Stuy Town in Manhattan. I'm afraid I'll be pushed out by rising rents. What is likely to happen next? What are my rights? How can I and the other tenants protect ourselves?'

If you’re concerned that your new landlord may try to push out stabilized tenants in order to rent more apartments at market rate, there are several red flags to watch for, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

“Landlords looking to maximize profit may try to make life miserable for the rent regulated tenants so that they move out,” Himmelstein says.

One method that landlords employ to accomplish this is to identify tenants who the landlord believes may not be abiding by rent stabilization laws that require them to reside in their apartments for at least 183 days of the year. Landlords may also be on the lookout for tenants who are subletting their apartments illegally.

“Sometimes they’ll start investigating and do a sweep to see if stabilized tenants own property in other states,” Himmelstein says. “They may install cameras in hallways looking for evidence that a tenant’s apartment is not their primary residence, or that they are renting out their apartment on Airbnb. They may be looking to evict people if they find vulnerabilities. And they will often serve legal notices and file eviction cases based on the flimsiest evidence, in situations where their claims have no merit, in order to frighten tenants into moving out.”

The first step to protecting yourself, then, is to familiarize yourself with the rules for evicting rent-stabilized tenants, and make sure you’re not giving the landlord any grounds to kick you out.

Another way that landlords put pressure on regulated tenants to move out is by undertaking disruptive construction projects on the building. Such construction can serve to increase the value of vacant apartments and bring them over the rent stabilization threshold, so they can be rented at market rate; it can also prove enough of a nuisance to the lives of renters that they decide to leave.

“Sometimes we get the feeling that landlords are not being careful about how they do the work because they want to make peoples lives more uncomfortable,” Himmelstein says.

Furthermore, it appears that Parker Towers is facing another tenants’ rights issue: The complex has been sued for illegally deregulating apartments that should have been stabilized under the J-51 program, which provides landlords with tax breaks to renovate residential buildings.

“This building is facing its own set of woes, by having treated vacant apartments as market-rate when in fact they should have been rent-stabilized under J-51,” Himmelstein explains. “The new owners might have bought themselves into something they didn’t anticipate.”

An effective way to safeguard against being pushed out, or having your apartment illegally removed from rent stabilization, is to form a tenants’ association, which renters at Stuyvesant Town-Peter Cooper Village and hundreds of other buildings and developments in NYC have done. By banding together with your fellow renters, you’ll have a more powerful voice should you need to dispute problems like rent increases, neglect of the building, tenant harassment, and overcharges.

“That’s the best way to deal with these specific problems. Talk to each other and share stories, and if need be, consult with an attorney as a group,” Himmelstein says. “If you feel that there's systematic harassment, you can also go to your elected officials and file a complaint at DHCR or in Housing Court.”

Related: 

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

Ask Sam: I'm rent-stabilized. What is the procedure for subletting my apartment? (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: How do I start a tenants' association? (sponsored)

Ask Sam: My landlord claims I'm not rent-stabilized because a J-51 subsidy expired before I moved in. Is this true? (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 rent regulation tenants tenants' rights
BRICK’S PICKS
15 Jay St., #PH, a three-bedroom condo in Tribeca
The pros and cons of owning a NYC penthouse apartment
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?
stacked washer/dryer condo in a bathroom
Can I install a washer/dryer combo in my NYC co-op?
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
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