Welcome to the website of David A. Kaminsky & Associates, P.C., located in lower Manhattan, near City Hall and the courthouses, at 325 Broadway, Suite 504.

Our firm has an emphasis in all aspects of New York real estate law, landlord and tenant rights, and real estate transactions. We invite you to explore our website to find out more about our real estate litigation practice areas, including counsel on New York real estate regulations, HPD, DHCR and Housing Court matters; and landlord liability claims such as lead paint, black mold, and inadequate security claims.

If you would like to arrange for a confidential meeting, please contact us or call our office at 212-571-1227.

Thanks for stopping by, and we look forward to serving you soon.

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NEWS AND BRIEF

David A. Kaminsky was featured in the New York Times Real Estate
Q & A
March 25, 2012

Subletting A Regulated Unit

Q.Can a person renting in a rent-regulated apartment in Brooklyn sublet the apartment or otherwise get out of the lease?

A. A rent-regulated tenant usually has no automatic right
to sublet or "get out of a lease", said David A. Kaminsky, a Manhattan lawyer who represents tenants. A rent-controlled tenant
generally has no lease and as such has no right to sublet. A rent-stabilized tenant has the right to sublet pursuant to the state's Real Property Law, but must have a good reason to be away from the apartment and intend to return after the sublet. The tenant must also get the consent of the landlord, which cannot be unreasonably withheld. Mr. Kaminsky says such a tenant also has the right to transfer his tenancy and be released from the lease if the landlord unreasonably refuses to consent. This may be the "get out of the lease" situation the letter writer is referring to. Mr. Kaminsky says subleasing done secretly is dangerous and not recommended, because it could result in an eviction proceeding.