News you can use...or at least we can make you laugh.


Forward Forward
Tweet Tweet
Share Share

Owners: Don't Jeopardize Your Free Market Unregulated Buildings

Many clients who have buildings of less than six (6) legal units think they are able to safely charge free market rents, not be required to offer leases to their tenants, and not be subject to any government restrictions.

Be aware that if your building had at any time 6 or more separate units or households (or as defined by the statute "Housing Accommodations"), you could still be labeled "defacto rent stabilized," and subject to all the statutory restrictions of much larger rental properties. The definition of what might constitute a separate "housing accommodation" is very broad and could easily encompass a single-room occupant or individual who need not even be a rent-paying tenant.

For example, we have seen dire situations develop when a landlord of a legal two-family house with 3 bedrooms in each unit decides to rent out each of the bedrooms separately with the occupants sharing the common areas of each apartment... although configured physically as a two-family dwelling, the building, now housing a total of six individual lessees, would most likely be considered defacto rent stabilized. The above result would not be any different even if some of the individual occupants were family members or friends of the landlord and not rent-paying tenants.

Another common example of defacto stabilization is where a legal one to five-family house has additional living space(s) elsewhere, such as in a basement or attic area, which when totaled up with the legally-used units, brings the number of "accommodations" or occupants to 6 or more. It matters not that the additional illegal space(s) were pre-existing or not created by the current landlord. Worse still is that once the total hits 6 or more, even if the owner de-constructs or removes the additional spaces (or the extra occupants vacate), the building may still be classified as defacto rent stabilized.

The result of a free market or unregulated small building being branded as rent stabilized can most certainly bring drastic and dire consequences to the owner.
To better understand this thorny problem and discuss possible options when faced with this dilemma, please call our office to schedule a consultation with one of our experienced attorneys.

Over the past four decades of representing property owners and renters, our office has constantly striven to offer personalized and friendly service to our clients and their acquaintances. We truly appreciate our clients' steadfast loyalty to our staff, our attorneys and ourselves, and promise that we will always be just a phone call or email away to answer any of your legal questions.

Forward Forward
Tweet Tweet
Share Share
5 Latonia Road
Rye Brook, NY 10573

    Copyright © 2020 | Real Estate Solutions |, All rights reserved. 

subscription preferences
We are seeking submissions.  If you would like to write the feature article in a future edition, please read our submission instructions and editorial guidelines.

If you have a case you  think is important or interesting we would be glad to post it on our web site (where it would also be archived). We will credit you for the submission.  Please send it to us.
We provide the subject matter expertise and expert testimony indispensable to successfully litigating complex cases, civil and criminal,  involving  a diverse range of issues relating directly or indirectly to real property or interests in real property. 

We support your litigation from the beginning with thorough research by experienced investigators, following through with expertly developed reports and culminating in confident data driven supportable and credible expert testimony. 

We bring the same thoroughness and meticulous research and preparation to real property related valuation based tax issues. We also bring the same thoroughly researched data driven approach to  zoning  applications and   land use issues. 

Visit us online or contact us to find out more about our services.

A lawyer was briefing his client, who was about to testify in his own defense.
“You must swear to tell the complete truth. Do you understand?”
The client replied that he did.
The lawyer then asked, “Do you know what will happen if you don’t tell the truth?”
The client looked back and said, “I imagine that our side will win.”


Satan was complaining bitterly to God, “You made the world so that it was not fair, and you made it so that most people would have to struggle every day, fight against their innate wishes and desires, and deal with all sorts of losses, grief and catastrophes. Yet people worship and adore you. People fight, get arrested and hate each other, and I get blamed even when it’s not my fault. Sure, I’m evil, but give me a break. Can’t you do something to make them stop blaming me?
And so God created lawyers.


Jury: A collection of people banded together for the purpose of deciding which side has the better lawyer.


Two lawyers were walking along negotiating a case. “Look, said one, “let’s be honest with each other.” “Okay, you first, replied the other. That was the end of the discussion.


I broke a mirror the other day. That’s 7 years bad luck, but my lawyer thinks he can get me 5.


A man chosen for jury duty really wanted to be dismissed from serving. He tried every excuse he could think of but non of them worked. On the day of the trial, he decided to give it one more shot. As the trial was about to begin, he asked if he could approach the bench.
“Your Honor,” he said, “I must be excused from this trial because I’m prejudiced against the defendant. I took one look at the man in the blue suit with those beady eyes and that dishonest face and I said ‘He’s a crook! He’s guilty!’ So, Your Honor, I cannot possibly serve on this jury.”
To which the judge replied, “Get back in the jury box. That man is the defendant’s lawyer.”


One day at a trial, an eminent psychologist was called to testify. A severe no-nonsense professional, she sat down in the witness chair, unaware that its rear legs were set precariously on the back of the raised platform.
“Will you state your name?” asked the D.A. Tilting back in her chair she opened her mouth to answer, but instead catapulted head-over-heels backward and landed in a stack of exhibits and recording equipment.
“Well, doctor,” continued the D.A. without changing expression, “we could start with an easier question?”


There’s a sushi bar that caters exclusively to lawyers – it’s called “Sosumi.”


Q. “I hear you lost your court case. Did your lawyer give you bad advice?”
A. “No, he charged me for it.”


Q. What do you get when you cross The Godfather with a lawyer?
A. An offer you can’t understand.