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Legal Articles & Guides
Expert insights and practical guidance for NYC property owners, landlords, and tenants — written by Michael Nacmias, Esq.
Latest articles (25)
What a NYC Real Estate Transaction Attorney Actually Does
From contract to keys, a NYC closing attorney protects buyers and sellers — due diligence, title clearance, open violations, lender coordination, and the deal-killers worth catching early. A practical guide from attorney Michael Sargo.
My Tenant Is Running an Illegal Airbnb: A NYC Owner's Guide
Your tenant turned your apartment into a short-term rental and the city came after you — not them. Here is why owners are held liable, how the Office of Special Enforcement, Local Law 18, and OATH actually work, how to get the unit back through Housing Court, and the mistakes that make it worse.
Gate-Gate: Is Your Roll-Down Storefront Gate Illegal on July 1?
On July 1, 2026, NYC starts enforcing a 17-year-old law requiring storefront security gates to be 70% see-through — a DOB summons returnable to OATH for solid metal gates. Here is the problem, and the two defenses written into the law itself: the 90-day Certificate of Correction cure that erases the penalty, and the affirmative defense for gates installed before July 1, 2011.
NYC's New Cooling Tower Rules (Effective May 8, 2026): Monthly Legionella Testing, Steeper Penalties, and a Retroactivity Argument
The May 8, 2026 amendments to 24 RCNY Chapter 8 require monthly Legionella testing, add new reporting duties, and raise penalties across the board. Here is what changed for NYC building owners — and why the date on your summons matters.
What Happens If You Buy a NYC House With an Illegal Basement Apartment?
You bought a NYC home and the basement unit was never legal. Here is how the violation surfaces, why it is now yours, and the realistic paths forward.
What Is a DOB Notice to Inspect — and What Should You Do?
A DOB Notice to Inspect means the city wants inside your property. Here is what triggers it, what allowing or refusing access means, and your first steps.
Do I Have to Attend My OATH Hearing for a DOB Violation?
You do not have to appear in person at an OATH hearing. Here are your options — phone, online, written, or an attorney — and why a default costs the most.
Can I Collect Rent From an Illegal Basement Apartment in NYC?
Generally no — NYC law limits rent recovery for a basement unit with no proper certificate of occupancy. Here is what owners must not do and the lawful options.
How Much Are NYC DOB Violation Penalties? The 1 RCNY §102-01 Penalty Schedule Explained
Every NYC DOB violation has a price set in advance by the 1 RCNY §102-01 penalty schedule. Here is how the violation classes, penalty tiers, and cure/stipulation/mitigation off-ramps work — and what the December 2025 amendment changed.
NYC DOB Certificate of Correction: New DOB NOW Safety Portal Launches December 2025
The new DOB NOW: Safety portal is live for Certificate of Correction submissions starting December 15, 2025. Five key changes, step-by-step process, and the 20 disapproval reasons.
Three Critical DOB Updates Every NYC Property Owner Must Know — December 2025
NYC DOB announces a basement legalization pathway, year-end inspection deadlines (Dec 31), and new electrical code changes (Dec 21). Legal analysis and action steps.
How to Correct DOB Violations: Complete Guide
How to correct DOB violations, cure procedures, stipulation agreements, and mitigation strategies to reduce or eliminate penalties.
Defaulted DOB Violations: What Happens When You Miss a Hearing
What happens when you miss a DOB violation hearing, how to vacate a default judgment, and your options for resolving defaulted violations.
Understanding DOB Violations: A Complete Guide
Comprehensive guide to NYC DOB violations — violation classes, penalties, resolution strategies, and how to minimize fines.
Failure to Yield OATH Violation §19-190(b): What To Expect
Complete guide to NYC Admin Code § 19-190(b) "Failure to Yield Causing Physical Injury" summonses at OATH — phone hearings, flat fee structure, and what to expect.
NYC Certificates of Correction: What Counts as Proof
When Certificates of Correction are required, the proof NYC agencies look for, and how to avoid rejections. A practical guide for property owners.
NYC Commercial Leases: The Clauses That Really Matter
A practical risk checklist—use, build-out, compliance, guaranties, assignment/sublet, and exit options—for NYC tenants and owners.
Good Cause Eviction in NYC: Who's Covered & How to Plan
A scenario-based explainer of NYC Good Cause Eviction — coverage, exemptions, rent increases, and notice strategy for landlords, tenants, and brokers.
NYC Housing Court: Nonpayment vs. Holdover — Which Makes Sense?
Side-by-side look at notices, timelines, evidence, defenses, and settlement options in NYC Housing Court. Choose the right strategy for your case.
NYC HPD & DHCR: Inspections, Orders, and Rent Disputes — Made Simple
How HPD cases start, what inspections mean, and how DHCR handles rent claims and overcharges in NYC. A practical guide for property owners and tenants.
Navigating NYC Landlord-Tenant Disputes: Your Rights and Options
A guide to landlord and tenant rights in NYC — eviction procedures, rent increases, and maintenance issues.
NYC Closings: From Contract to Keys — The Checklist I Use
Due diligence, title clearance, violations, lender coordination, and deal-killers to spot early in NYC closings.
NYC OATH Hearings: From Summons to Decision — Complete Roadmap
A practical NYC guide from receiving a DOB or FDNY summons to your OATH hearing, outcomes, and next steps. How to prepare and what to expect.
NYC Real Estate Compliance: Essential Requirements for Property Owners
Stay compliant with NYC real estate regulations — building codes, permits, inspections, and how to avoid costly violations.
Understanding OATH Violations: Complete Guide for NYC Property Owners
OATH violations in NYC — common types, response strategies, and successful defense tactics from experienced NYC attorneys.
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