Madison Law Firm PLLC brings the same precision to the courtroom that we bring to the closing table — representing property owners and tenants in Housing Court, Civil Court, Supreme Court, and before the DHCR.
We represent both property owners and tenants. Bring us your situation — we will tell you candidly where you stand and what can be done.
New York City operates under one of the most protective landlord-tenant regulatory regimes in the country — the product of decades of legislative evolution, culminating in the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which made sweeping changes to rent stabilization, overcharge enforcement, eviction procedure, and security deposit rules.
Approximately one million apartments in New York City are rent-stabilized or rent-controlled. These apartments are subject to mandatory lease renewal rights, regulated rent increases set annually by the NYC Rent Guidelines Board, DHCR oversight, and a six-year lookback period for overcharge claims. The HSTPA of 2019 eliminated luxury deregulation, abolished vacancy bonuses, and made rent stabilization permanent by removing the sunset provisions that previously required periodic renewal.
For both property owners and tenants, navigating this landscape requires counsel that is intimately familiar with the Rent Stabilization Law (NYC Administrative Code Chapter 4), the Emergency Tenant Protection Act, the Real Property Law, the RPAPL, and the DFS and DHCR regulatory frameworks. The rules change frequently, and the consequences of error — treble damages for landlords, lost homes for tenants — are severe.
"Your landlord has a lawyer. You need one, too. And if you are a landlord, you need one even more — the law has never been more favorable to tenants."
We represent both property owners and tenants. The adversarial posture depends on the facts — not a predetermined firm preference for one side over the other.
Tenants facing eviction — whether in a non-payment proceeding, holdover proceeding, or unlawful lockout — have the right to competent legal representation. We fight evictions in Housing Court, Civil Court, and Supreme Court with the same rigor we bring to any contested matter.
The Division of Housing and Community Renewal (DHCR) administers rent stabilization in New York. Its proceedings are quasi-judicial and highly technical. Both landlords and tenants have recourse before DHCR, and the stakes — including triple damages for tenants, or loss of stabilization for owners — make experienced counsel essential.
Harassment of rent-regulated tenants is prohibited under the Rent Stabilization Law and NYC Administrative Code. Tenants experiencing harassment have remedies including HP actions in Housing Court, DHCR harassment complaints, and civil litigation in Supreme Court. We pursue all available remedies simultaneously.
Landlords seeking to recover rent-stabilized apartments for owner use or non-primary residence have specific procedural requirements and substantive burdens. We represent both sides of these proceedings — owners establishing legitimate non-primary or owner use claims, and tenants defending against pretextual or procedurally deficient proceedings.
Cooperative and condominium living creates distinct governance structures — and distinct legal conflicts. Board business judgment is given substantial deference in New York courts, but it is not absolute. We represent shareholders, unit owners, and boards in governance disputes, alteration disagreements, and assessment challenges.
Real estate contracts create legally binding obligations. When a party fails to perform — refuses to close, fails to deliver vacant possession, or misrepresents property condition — legal remedies include specific performance, rescission, and damages. We litigate these matters in Supreme Court, where the full range of equitable and legal remedies is available.
The Housing Stability and Tenant Protection Act of 2019, effective June 14, 2019, made the most significant changes to New York rent regulation law in a generation. Understanding what changed — and what it means for your situation — requires counsel that has mastered the new landscape.
Prior law allowed a four-year lookback for rent overcharge claims and provided a "safe harbor" for landlords who proactively refunded overcharges. HSTPA extended the lookback to six years, eliminated the safe harbor, and directs DHCR and courts to examine all available rent history "reasonably necessary" to the determination. Owner failures to maintain records trigger an unlimited lookback. Treble damages and attorney fees are mandatory upon a finding of willful overcharge.
Before 2019, apartments could be permanently deregulated when the rent reached $2,774.76 (high-rent vacancy deregulation) or when a high-income tenant ($200,000+ annual income) vacated (high-income deregulation). HSTPA repealed both provisions, making all currently regulated apartments subject to permanent stabilization regardless of rent level or tenant income. This affects the valuation of thousands of Manhattan buildings.
Landlords previously received an automatic 20% rent increase upon any vacancy. HSTPA repealed this vacancy bonus entirely, as well as the longevity increase that had applied to tenants of more than eight years. Rents now reset to the prior tenant's legal regulated rent upon vacancy — and annual increases are limited to the percentages set by the Rent Guidelines Board.
Individual Apartment Improvements (IAIs) may no longer be used to drive rapid deregulation. HSTPA caps total IAI rent increases at $15,000 over a 15-year period — amortized over 168 months, translating to a maximum rent increase of approximately $89/month. Landlords must also adhere to a DHCR-published schedule of reasonable improvement costs to prevent inflated IAI claims, and the increase rolls back after 30 years.
HSTPA substantially increased eviction notice requirements. For tenants in possession for one to two years, 60 days' notice of non-renewal is required. For tenants in possession for two or more years, 90 days' notice is required. Non-payment rent demands must be in writing and served at least 14 days before commencement. Warrants of eviction must be served at least 14 days before execution. These are mandatory, not directory requirements.
HSTPA limits security deposits for all apartments — regulated and unregulated — to one month's rent. Landlords may not collect more than one month as a deposit or as advance rent (with limited exceptions). Security deposits must be returned within 14 days of vacancy with an itemized statement of any deductions. Failure to comply can result in forfeiture of the right to retain any portion of the deposit.
Real estate and landlord-tenant disputes in New York City are litigated across multiple courts and administrative bodies — each with its own rules, procedures, and culture. We are experienced in all of them.
The principal forum for residential landlord-tenant disputes in New York City. Hears non-payment proceedings, holdover proceedings, HP actions, and illegal lockout cases. Each borough has its own Housing Part. CPLR rules apply, modified by local Housing Court rules.
Unlimited jurisdiction for complex real estate disputes. Required for commercial evictions exceeding Civil Court jurisdictional limits, specific performance actions, Yellowstone injunctions, Article 78 proceedings, and complex contract litigation. Offers full discovery and equitable remedies not available in Housing Court.
The state agency with primary jurisdiction over rent stabilization and rent control. Hears overcharge complaints, harassment complaints, MCI and IAI applications, and rent reduction proceedings. Final DHCR orders are subject to challenge via Article 78 petition in Supreme Court.
Whether you are a tenant facing eviction, an owner with an underpaying or non-compliant tenant, or a party to a contract dispute — we welcome the conversation. Initial consultations are complimentary. We provide a candid assessment of your situation and a clear outline of available remedies.
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