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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 (33)
Open Violations and Your NYC Closing: What Delays It, What Blocks It
Most open NYC violations do not stop a closing — they create title exceptions, escrow demands and lender conditions that move the date. The ones that actually block a transfer are unsatisfied money judgments and liens, and anything that invalidates the Certificate of Occupancy. A reference table of sixteen violation types, what each does to a pending deal, and how long a cure typically takes.
What Survives a NYC Closing: The Obligations That Follow the Property
A NYC closing transfers the property with most of its regulatory history attached. Open violations, correction and certification deadlines, unexpired compliance cycles, and anything the City collects as a property charge follow the deed to the new owner. Contract representations are the reverse — under New York practice they generally merge into the deed unless the contract says they survive.
What Happens If My Neighbor Works on His Property and It Could Damage Mine?
New York lets your neighbor improve his own property, but not in a way that damages or threatens yours. Permits, easements, and access rules limit what he can do before work even starts. If he crosses the line, you can object in writing, report the work to the City, and sue for any damage.
Is Cloudflare Blocking AI From Your Website? We Found Out the Hard Way
A default Cloudflare setting blocked ChatGPT, Perplexity, and Claude from reading our site for seven months, with no notification and no visible traffic drop. The discovery, the exact numbers after unblocking, and the thirty-second check every business owner should run.
How to Fight a NYC Sanitation Ticket (DSNY Violations)
A NYC Department of Sanitation (DSNY) summons is returnable to OATH, not criminal court. Here are the common violation types (dirty sidewalk, improper set-out, recycling), the hearing deadline, the defenses that actually work, and when hiring a lawyer makes sense.
We Read NYC's Rental Ripoff Report So You Don't Have To
A landlord-side attorney breaks down NYC's July 2026 Rental Ripoff Report: the 23 recommendations, the High-Road vs Low-Road line the City drew, what hits owners first (the live elevator rule, October heat season, Fall Enforcement Days, year-end Fix the City), the sleeper risk of false self-certification, and the correction off-ramps for owners who act.
What Does NYC's Rental Ripoff Report Mean for Tenants?
A plain-language guide to NYC's July 2026 Rental Ripoff Report for renters. It sorts the new tenant rights into what is live now (the broker-fee law, the 14-day elevator rule, challenging a false repair sign-off), what arrives this heat season and Fall, and what is still only proposed, with an honest note that this is an owner-side firm.
How to Address a Stop Work Order in NYC
A step-by-step guide to a NYC DOB stop work order: full vs partial, the §28-207.2.2 penalties, correcting the cited condition, settling the penalties, and applying to rescind under §28-207.2.3.
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.
How to File a DOB Certificate of Correction Online
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.
DOB Violation Classes and Penalties Explained
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 Hearing: What to Expect, Start to Finish
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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