The Law Offices of Justin C. Brasch
Cardozo School of Law
Justin Brasch's Law Posts
COVID-19 EVICTION MORATORIUM UPDATE The Centers for Disease Control (CDC) recently issued a Moratorium on Residential Evictions through December 31, 2020. Tenants must file a Certification and meet requirements. Moratorium only delays evictions – Rents and late fees continue to accrue. Moratorium only applies to evictions for Nonpayment of rent, all other evictions may proceed. This does not apply to Commercial Matters or Holdover Actions. Please take note that Predicate Notices such as Rent Demands, Notices to Cure and Termination Notices can be drafted and served. Holdover and Nonpayment lawsuits are beginning to be accepted by the Courts. Please contact us to help you at 212-267-2500. Or visit our website https://www.braschlegal.com
Buyouts Maybe you’ve heard whisperings that your landlord is considering buying out tenants in your building or maybe you have already been approached with a buyout offer. If a buyout is something you’re interested in, you undoubtedly want to get the best price possible. After all, you are giving up your home and undertaking the hassle of moving. BraschLegal has helped dozens of Tenants get more money from Landlords in buyouts. At Brasch Legal, we help tenants evaluate and negotiate buyout offers in NYC to ensure they receive a fair amount of money for the things they’ve been asked to give up. Here are 3 tips we suggest every renter consider when negotiating a buyout offer. 1. Know your motivations Sometimes people jump at the chance to get bought out. Maybe they have been wanting to move but needed money for a down payment, moving or travel expenses to finally take the leap. A buyout offer can provide them with this extra cushion of cash to finally make the change they have been wanting. In other cases, moving wasn’t part of the plan and will require some time and thought before you can come around to the idea. To learn more click on the link below.
NYC adopts 3 new protections aimed at protecting Tenants from Landlord Buyout offers. For decades, landlords in NYC have been offering tenants buyout offers to hope they will willingly vacate their rental units. These offers are typically aimed at tenants who reside in rent-controlled or rent-stabilized units where there is a market for the landlord to charge much higher rents. The only problem is, they need the current tenants to vacate the premises first since they are prohibited by law from raising rents above a certain threshold for these units. Offers range from laughable to generous and the tenants always have the right to refuse the offer. In an ideal world, a refusal would mean things continue on as usual and everyone moves forward with their lives. But, that rarely happens.
Pleasure in the job puts perfection in the work.” – Aristotle #laborday2020 #labordayusa2020 #labordayny2020 #labordayweekend #laborday Visit our website at https://www.braschlegal.com
Executive Order 202.55 has once again been extended, and that means all eviction proceedings existing or new residential eviction warrants are stayed through October 1st. We can now file Holdover and Nonpayment lawsuits in most New York City Housing Courts. Call us to learn more and how we can help! 212-267-2500”
Under the law, commercial tenants who are being harassed can file lawsuits against their landlords. If the landlord is found guilty of harassment, the landlord may find themselves paying fines and penalties between $1,000 and $10,000 for each property in which a tenant has been harassed, in addition to paying the tenant’s legal fees. Some landlords may even find themselves under a restraining order and liable for compensatory and punitive damages. Landlords now run the risk of suffering significant financial liability due to real or perceived tenant harassment.
If you are a landlord in New York and need legal advice, you can rely on our office to provide accurate legal direction to resolve your matter in an efficient and affordable manner. Mr. Brasch strives to prevent litigation. However, when it is unavoidable, his office aggressively pursues it to meet clients’ goals. Executive Order 202.55 has once again been extended, and that means all eviction proceedings existing or new residential eviction warrants are stayed through October 1st. We can now file Holdover and Nonpayment lawsuits in most New York City Housing Courts. Call us to learn more and how we can help! 212-267-2500.
The Law Offices of Justin C. Brasch represents landlords, tenants, and real estate management companies across the entire New York City Metropolitan Area. Contact his law offices now, or call him to arrange for an initial consultation – 212-267-2500 Executive Order 202.55 has once again been extended, and that means all eviction proceedings existing or new residential eviction warrants are stayed through October 1st. We can now file Holdover and Nonpayment lawsuits in most New York City Housing Courts. Call us to learn more and how we can help! 212-267-2500.
Nonprimary Residence: A Rent Controlled or Rent Stabilized Tenant must use the apartment as their primary residence. If it is not their primary residence, the apartment can be deregulated. The Law Offices of Justin C. Brasch are experienced in evaluating and handling matters concerning the sublet, assignment, nonprimary residence and the decontrol of NYC Apartments.
Yellowstone Injunction When a commercial tenant receives a Notice to Cure, he is expected to take action to remedy the landlord’s concern within a specific period of time or vacate the premises. If the tenant needs more time to remedy the problem or believes that he is not in violation of the lease, he should immediately ask his attorney to file for a Yellowstone injunction that will put the landlord’s actions on hold. Learn more by visiting our website. Call us if you have any questions. https://www.braschlegal.com/yellowstone-injunction/
How much should a Landlord pay a Tenant to move out of an apartment? Landlords who are serious about this often approach tenants with buyout offers. A buyout can be good for both tenants and landlords if the price is right. That begs the question of how do you determine the right buyout price? How much should a landlord pay a tenant to move out of a Rent-Controlled or Rent Stabilized apartment? Learn more by visiting our website: https://www.braschlegal.com/how-much-should-a-landlord-pay-a-tenant-to-move-out-of-an-apartment/
Public Announcement: Eviction moratorium extended until September 4. The Executive Order staying evictions that expired earlier this month has been extended until September 5, 2020. Governor Cuomo extended the moratorium as soon as it expired. Whilst the extension, the governor will allow some evictions. At this time, we can can prepare and serve predicate notices such as Rent Demands, Termination Notices, Notices to Cure, etc. Call us to learn more and how we can help! 212-267-2500. https://www.braschlegal.com/services/tenant-information-for-rent-controlled-and-rent-stabilized-units/
Criminal law is typically enforced by the government, whether through a local municipality or the State. Government attorneys are responsible for initiating and prosecuting the charges against you. It is critical to understand your constitutionally protected rights. Justin is a veteran in the New York criminal courts, representing clients on charges ranging from traffic infractions and misdemeanors to serious felonies.
From commencing actions with Rent Demands, Notices to Cure or Notices of Default, Notices to Quit, Notices of Termination and bringing Nonpayment and Holdover Petitions (lawsuits), we provide the highest the standard of legal services. Clients include commercial landlords, real estate management companies, cooperative corporations, condominium associations and not-for-profit entities in New York City and other areas of the State.
Occupancy: Under Rent Stabilization a person, other than a tenant or a member of a tenant’s immediate family, can occupy a premise with the consent of the tenant. But, such a person shall not be considered a tenant for the purposes of the Rent Stabilization Code. To learn more you can visit our website in the link below.
What is Rent Stabilization? Rent stabilization is a type of rent regulation in New York City that protects tenants from sharp increases in their rent. Landlords who own apartments that are subject to rent stabilization can only raise rent according to the percentage increases that the Rent Guidelines Board (RGB) allows. Rent stabilization also gives tenants the right to renew their lease in most situations. Today, about 1 million New York City apartments are subject to rent stabilization.
Notice to Cure A Notice to Cure is a document served by a landlord on a tenant, alleging lease violations that must be fixed within a certain amount of time Click on the link below to read more.
Understand Tenant rights The surest way to figure out where your right to privacy starts and ends is with your lease. Not only does the lease outline the landlord’s rights and responsibilities, it outlines the tenant’s as well. As mentioned above, the lease cannot contain terms that waive your right to privacy, but it may contain information about how often and when the landlord is able to enter the unit. Understanding your rights and the rental terms to which you’ve agreed will go a long way towards eliminating misunderstandings. It can also give you some direction to take to solve the problem. If your lease specifically states that the landlord cannot enter the unit until noon on a weekday and he routinely shows up at 10:00 a.m., then you have a legal leg to stand on. Consider also that there are many different cultures in NYC. Some cultures are more open than others and see nothing wrong with entering another’s property, especially if they own the property. Others are more private and resent such intrusions. It’s entirely possible that the tenant and the landlord have a simple miscommunication issue that can be addressed with a quick, non-confrontational conversation. The best results will achieve a mutual understanding and respect between the tenant and landlord and keep the lines of communication open. Read more from the link below:
Eviction proceedings to resume in August 2020. We are here to help as the Courts reopen and evictions resume.
Experienced Commercial Non-Payment and Holdover Proceedings Attorneys. Justin C. Brasch will help you determine whether you are entitled to: raise rents, halt undesirable or prohibited tenant behaviors, prohibit unauthorized subletting and assignments, recover units from tenants failing to comply with lease agreements, compel rent payment, sue tenants for lease breaches and building code or other violations. Read more using this link -->https://www.braschlegal.com/services/commercial-landlord-law/
Residential Landlord Law There are two basic types of residential eviction summary lawsuits: Nonpayment Lawsuits – Where a landlord sues for Nonpayment of Rent Holdover Lawsuits – Where a landlord sues for violations of the Lease and Law Read more using this link -->https://www.braschlegal.com/services/landlord-information-for-rent-stabilized-and-rent-controlled-apartments/
Landlord Buyouts: What to do when the Tenant says “no” Landlord options when the Tenant says “no” Landlords need to be careful when approaching a tenant who has already refused a buyout offer. NYC has very strong tenant protection laws that can make it difficult for landlords to pursue buyouts. The best course of action a landlord can take with a tenant who has refused a buyout offer is to keep the lines of communication open. Sometimes tenants are surprised by an offer and their knee-jerk reaction is to reject it. If this happens to you, don’t get mad but accept their answer and tell them they can always change their mind later and that you will welcome the conversation. Or, . . . Click on the link below to find out more!
NYC adopts 3 new protections aimed at protecting Tenants from Landlord Buyout offers. For decades, landlords in NYC have been offering tenants buyout offers to hope they will willingly vacate their rental units. These offers are typically aimed at tenants who reside in rent-controlled or rent-stabilized units where there is a market for the landlord to charge much higher rents. The only problem is, they need the current tenants to vacate the premises first since they are prohibited by law from raising rents above a certain threshold for these units. Offers range from laughable to generous and the tenants always have the right to refuse the offer. In an ideal world, a refusal would mean things continue on as usual and everyone moves forward with their lives. But, that rarely happens. Click on the link to learn more!