Q: How often do Landlords have to register with DHCR?
A: Rent Stabilized apartments must be registered annually. Additionally, if an error is made on the Annual Rent Registration or if any pertinent information changes, a Landlord should file an Amended Rent Registration for that apartment. Also, Vacancy Decontrolled apartments should be registered upon the first Rent Stabilized tenant taking occupancy.
Q: In New York City, how many residential units must be in a building for it to be classified as a multiple dwelling?
A: Three or more
Q: How often must Landlords of multiple dwellings (consisting of three or more residential units) in NYC register their buildings?
A: Landlords of multiple dwellings (and Landlords of one or two family homes who do not reside in NYC and who rent their properties) are required to register their buildings with HPD once a year. This form is known as the Multiple Dwelling Registration (MDR) form. The fee to the City is $13.00. Any time a Landlord takes a tenant to court, he or she must have a certified copy of the MDR. The fee to the City for a certified copy is an additional $8.00.
Q: How many apartments does a building have to have to be Rent Controlled?
A: There is no set number - An apartment over a store or an apartment in a two-family house may be subject to Rent Control if the tenant has lived there continuously since before July 1, 1971 (or has inherited the apartment from a Rent Controlled tenant in accordance with current laws regarding succession rights).
Q: What do I have to do when a Rent Controlled tenant moves out?
A: The landlord must file a Vacancy Decontrol form and Rent Registration form with DHCR and serve it on the new tenant. Additionally, the Landlord must fill out the section of the Rent Stabilization Rider (Page 2) showing the old rent and how the new rent was calculated. See What to do with a Vacant Apartment
Q: How can I get HPD Code Enforcement Violations removed, of record?
A: HPD sends inspectors out every 2 years to inspect buildings with rent controlled tenants. They also send an inspector to write new violations against a building whenever a tenant complains. However, in order to get violations removed, a Landlord must fill out a Dismissal Request form and pay a fee of $300 to the City. The inspector will call to make an appointment (usually within a couple of weeks) and the Dismissal Report must be sent to you within 45 days or the fee is (supposedly) refunded.
Q: If I did not receive prior notification about Annual Boiler Inspections what do I do?
A: No notice is required by law. You are still required to have your boiler inspected and are still liable for a violation if you did not do so. This requirement of LL 62/91 has been in effect since 1991. Fines start at $500 per year per building.
Q: Which buildings must file an annual boiler inspection with the NYC Department of Buildings?
A: Buildings with 6 or more residential units & buildings with both residential and commercial units.
Q: Assuming you have your tenants security deposit in an interest bearing account, how much of the interest can the Landlord keep for administrative expenses?
A: Up to 2%
Q: What happens if I don't pay my Real Estate Taxes?
A: The City sells the tax lien to a private company who has the right to collect it from you. If you do not pay them, they will foreclose the lien and sell your property at public auction.
Q: How old must a tax lien be to be eligible for sale?
A: Age requirements, which differ for different classes of properties, refer to the age of the oldest tax lien on an individual property's balance. These legal age requirements include:
For Class 2 (multiple dwellings, excluding residential cooperatives and condominiums) Class 3 (utility properties), and Class 4 (commercial, industrial) properties, a property's entire balance of delinquent charges is eligible for sale once the oldest tax lien remains unpaid for at least one year.
For Class 1 (one-, two- or three-family homes) and Class 2 (residential condos and co-ops) properties, a property's entire balance of delinquent charges is eligible for sale once the oldest real estate tax lien remains unpaid for at least three years.
For properties that had tax liens sold in a prior tax lien sale which remain unpaid, tax liens that arise on the property on or after the date of the previous tax lien sale can be sold if they meet the following age requirements:
For Class 2 (excluding residential co-ops and condos), Class 3 and Class 4 properties, a property's entire balance of delinquent charges may be sold whether or not such tax lien has remained unpaid for at least one year. [In other words, if a tax lien has already been sold on your property, they will not give you any grace period on future taxes.]
For Class 1 (one-, two- or three-family homes) and class 2 residential condos and co-ops, a property's entire balance of delinquent charges may be sold as long as the real property tax component of such tax lien has remained unpaid in whole or in part for at least one year.
Relevant Q&A's will be posted on this page