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Nacmias Law Firm, PLLC

Landlord-Tenant

Landlord Rights

We represent NYC building owners and managing agents on rent collection, predicate notice strategy, tenant buyouts, regulatory compliance, and portfolio-wide management — across all five boroughs and all building sizes.

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Overview

What you need to know about Landlord Rights.

The basics, what we do, and the issues we see most.

What does owner-side landlord representation cover, and how is it different from individual cases?

Quick Answer

Owner-side representation covers the recurring legal infrastructure of running NYC rental property — predicate notice strategy under RPL § 232-a/§ 232-b, rent collection and Housing Court holdovers/nonpayments under RPAPL Article 7, HSTPA-compliant lease forms, harassment-defense protocols, and HPD/DOB compliance posture. We work portfolio-wide for many clients — not just one-off matters.

Services we offer for Landlord Rights.

Building ownership in post-HSTPA NYC is a tightly-regulated business. The owners we represent want a single firm that understands the building's whole posture — leases, registration, violation history, tenant relationships, predicate notices — not a different attorney for every issue. Here's what we do.

  • Draft and review HSTPA-compliant residential leases, riders, and renewal forms
  • Run rent-collection programs — demand letters, 14-day rent demands under RPAPL § 711(2), Housing Court nonpayment proceedings
  • Strategize and serve predicate notices under RPL § 232-a (1-year+ leases) and § 232-b (month-to-month)
  • Negotiate tenant buyouts compliant with the 2019 anti-harassment amendments — written disclosures, voluntariness records
  • Defend HPD violations, ERP liens, and HP actions filed by tenants
  • Maintain harassment-defense documentation and operational protocols across portfolios
  • Coordinate with DOB compliance, Local Law 11 cycles, and refinancing/sale legal needs

Scenarios we see most.

  • Chronic rent arrears requiring nonpayment proceedings
  • Holdover proceedings — lease expiration, breach of lease, no-cause non-renewal under Good Cause Eviction
  • Predicate notice strategy — 14-day rent demand, 30/60/90-day notice of termination
  • HSTPA compliance — security deposit caps, late fee limits, application fee restrictions
  • Tenant buyout negotiations and stipulations of surrender
  • Building-wide compliance posture — HPD violations, lead paint, harassment defense
  • Major capital improvement (MCI) and IAI applications under HSTPA caps
  • Refinancing and sale-readiness review (open violations, registration, certificate of occupancy)

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Portfolio review — leases, registration history, violation log, tenant matters

  2. 2

    Step 2 of 5

    Identify operational gaps and compliance risks

  3. 3

    Step 3 of 5

    Implement standardized notices, lease forms, and intake procedures

  4. 4

    Step 4 of 5

    Pursue active matters (collection, holdover, defense) with escalation thresholds

  5. 5

    Step 5 of 5

    Periodic check-ins to keep the building's posture compliant as regulations shift

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

How did HSTPA 2019 change owner obligations and remedies?

HSTPA 2019 was the largest tenant-protection package in a generation. Key changes for owners: security deposits capped at one month's rent (GOL § 7-108); late fees capped at $50 or 5% (whichever less); application fees capped at $20; expanded overcharge lookback for stabilized units; pre-eviction 14-day rent demand (up from 3-day); pre-vacatur 30/60/90-day notice of termination tied to length of tenancy; preferential rents preserved through tenancy; MCI/IAI caps; eviction-record sealing; and expanded harassment definitions. Most NYC owner operations needed substantial rewrite. We help owners maintain compliance posture across portfolios.

Question 2

What predicate notice do I need to terminate a tenancy?

It depends on the tenancy type and length of occupancy. Month-to-month: 30-day notice if tenant in occupancy under 1 year; 60-day if 1-2 years; 90-day if 2+ years (RPL § 226-c, post-HSTPA). Lease tenancies: typically a 30-day notice of termination citing lease expiration plus the same length-of-occupancy notice for non-renewal. Stabilized tenancies: golub notice 90-150 days before lease end for non-renewal cases. Rent-arrears nonpayment: 14-day rent demand under RPAPL § 711(2) (post-HSTPA, up from 3-day). Defective predicate notice is the #1 reason holdover cases fail at first appearance.

Question 3

Are tenant buyouts still legal post-HSTPA?

Yes, but the 2015 anti-harassment amendments (Admin Code § 27-2004(48)(f-1)) added strict procedural requirements. Owners must: provide a written disclosure stating the tenant is not required to leave or accept the offer, has the right to consult counsel, and can refuse contact for 180 days; cannot make repeated buyout requests or threats; cannot use intimidation. Buyouts that comply with the procedural rules remain a legitimate path. Failure to comply transforms the buyout offer into an act of harassment with $2K-$10K per-tenant exposure.

Question 4

What do you charge for owner-side representation?

It varies by scope. Single-matter holdover or nonpayment: typically flat fee $1,500-$3,500 plus disbursements through trial. Portfolio-wide retainer arrangements (handling all building matters): flexible monthly or per-building retainers based on building count and tenant turnover. HPD/DOB violation defense: see those individual practice pages. Hourly billing available for complex matters. Free initial consultation to scope.

Question 5

What's the difference between Housing Court (NYC Civil Court) and Supreme Court for landlord matters?

Housing Court (Civil Court, Housing Part) handles summary proceedings — primarily evictions and rent collection, with streamlined procedure under RPAPL Article 7. Supreme Court handles damages claims over $25K, declaratory judgment, injunction, and matters not eligible for summary proceeding. Most owner-vs-tenant matters belong in Housing Court; portfolio-wide disputes (building-wide overcharge defense, large damages claims) sometimes warrant Supreme Court. We choose venue strategically.

Question 6

How do I handle a building with many open HPD violations or operational issues I inherited?

Common scenario after a purchase or management transition. Triage starts with a full HPD Online and DOB BIS pull — every open violation, ERP charge, and HP action. We typically map a 30-60-90 day plan: clear Class C violations (highest daily-penalty exposure) first, address ERP charges before they lien, then work through Class B and A. Concurrent: review existing leases for HSTPA-compliance gaps. Many transitions also surface harassment-claim risk that needs defensive documentation immediately.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Resource

Filing a Nonpayment Petition

A nonpayment proceeding under RPAPL § 711(2) starts by serving a 14-day rent demand on the tenant. If unpaid, the landlord files a Notice of

Free case review

Owner-side help on a building or portfolio?

We work as ongoing counsel for many NYC building owners — not just per-matter. Free initial conversation to scope the building's posture and identify priorities. Same-day response during business hours.

Start Free Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters