Managing Rent Regulated Property: Complying with State
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MANAGING RENT REGULATED PROPERTY: COMPLYING WITH STATE NSTITUTE AND CITY I REQUIREMENTS Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY scheduled for March 9, 2016 CLE Program Co-Sponsor: Faculty: Sherwin Belkin, Belkin, Burden, Wenig, & Goldman; Blaine Schwadel and Jeffrey Turkel, Rosenberg & Estis, P.C.; Niles Welikson, Horing, Welikson & Rosen; Theodore Oberman, NYC Dept. of Finance NYCLA Moderators: Mitchell Posilkin, RSA General Counsel and Robin Bernstein, RSA Deputy Counsel This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours: 3 Professional Practice. This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 3 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey. New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Managing Rent Regulated Property: Complying with State and City Requirements Wednesday, March 9, 2016, 9:00 AM - 12:00 PM Program Co-Sponsor: Faculty: Sherwin Belkin, Belkin, Burden, Wenig, & Goldman; Rosenberg & Estis; Blaine Schwadel, Rosenberg & Estis; Jeffrey Turkel, Rosenberg & Estis; Niles Welikson, Horing, Welikson & Rosen; Theodore Oberman, NYC Department of Finance Moderators: Mitchell Posilkin, General Counsel, RSA Robin A. Bernstein, Deputy Counsel, RSA AGENDA 9:00 A.M. - 9:10 A.M. Announcements Bari Chase, NYCLA 9:10 A.M. - 9:30 A.M. Introduction Mitchell Posilkin, RSA 9:30 A.M. - 9:50 A.M. MCI Tax Abatement Theodore Oberman Blaine Schwadel 9:50A.M. - 10:20 A.M. DHCR J51 Rent Registration Initiative Recalculating Rents Blaine Schwadel 10:20 A.M. - 10:40 A.M. Break 10:40 A.M. - 11:00 A.M. Illegal Sublets: Best Practices Sherwin Belkin 11:00 A.M. - 11:20 A.M. Illegal Sublets: Litigation Niles Welikson 11:20A.M. - 11:45 A.M. The Altman and Altschuler Cases Jeffrey Turkel 11:45 A.M. –12:00 P.M. Questions and Answers The Rent Act of 2015 § 10 High-Rent Vacancy Deregulation a . "Housing accommodations" shall not include: any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of the rent act of 2011 and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, with a legal regulated rent of two thousand dollars or more per month; or for any housing accommodation that becomes vacant on or after the effective date of the rent act of 2015, where such legal regulated rent was two thousand seven hundred dollars or more, and as further adjusted by this section. Starting on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percent as the most recent one year renewal adjustment, adopted by the New York city rent guidelines board pursuant to the rent stabilization law. § 10 (cont.) High Rent Vacancy Deregulation This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effective date of the rent act of 2015; or, any housing accommodation with a legal regulated rent that was two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually thereafter, such legal regulated rent for this deregulation threshold, shall also be increased by the same percentage as the most recent one year renewal adjustment, adopted by the New York city rent guidelines board. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand [five] seven hundred dollars, as adjusted by the applicable rent guidelines board, a month. § 11 ETPA – Preferential Rents/Deregulation Subdivision a-2 of section 10 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 13 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (a-2) Provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged upon renewal or upon vacancy thereof, may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and other increases authorized by law. [Where, subsequent to vacancy, such legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law is two thousand dollars more per month or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent act of 2011, is two thousand five hundred dollars or more per month, such housing accommodation shall be excluded from the provisions of this act pursuant to paragraph thirteen of subdivision a of section five of this act] § 11 ETPA (cont.) – Preferential Rents/Deregulation Such housing accommodation shall be excluded from the provisions of this act pursuant to paragraph thirteen of subdivision a of section five of this act when subsequent to vacancy: (i) such legal regulated rent is two thousand five hundred dollars per month, or more, for any housing accommodation that is, or becomes, vacant after the effective date of the rent act of 2011 but prior to the effective date of the rent act of 2015 or (ii) such legal regulated rent is two thousand seven hundred dollars per month or more for any housing accommodation that is or becomes vacant on or after the rent act of 2015; starting on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percent as the most recent one year renewal adjustment, adopted by the applicable rent guidelines board pursuant to the rent stabilization law. § 12 RSL Preferential Rents/Deregulation § 12. Paragraph 14 of subdivision c of section 26-511 of the administrative code of the city of New York, as amended by section 14 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (14) provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged upon renewal or upon vacancy thereof, may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law. [Where, subsequent to vacancy, such legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law is two thou- sand dollars or more per month or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent act of2011, is two thousand five hundred dollars or more per month, such housing accommodation shall be excluded from the provisions of this law pursuant to section 26-504.2 of this chapter] § 12 (cont.) RSL Preferential Rents/Deregulation Such housing accommodation shall be excluded from the provisions of this code pursuant to section 26-504.2 of this chapter when, subsequent to vacancy: (i) such legal regulated rent prior to vacancy is two thousand five hundred dollars per month, or more, for any housing accommodation that is or becomes vacant after the effective date of the rent act of 2011 but prior to the effective date of the rent act of 2015 or (ii) such legal regulated rent is two thousand seven hundred dollars per month or more, provided, however that on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold shall be adjusted by the same percentage as the most recent one year renewal adjustment as adjusted by the relevant rent guidelines board, for any housing accommodation that is or becomes vacant on or after the rent act of 2015. § 13 (ETPA) §16 (RSL) High-Income/High-Rent Deregulation Threshold For proceedings commenced on or after July 1, 2015, The deregulation rent threshold means two thousand seven hundred dollars, provided, however that on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold shall be adjusted by the same percentage as the most recent one year renewal adjustment, adopted by the rent guidelines board.