Real Estate Litigation
Practice Areas
Contact Us
Or you can contact us via phone, fax, or mail:
David A. Kaminsky & Associates, P.C. 299 Broadway, Suite 1615 New York, NY 10007
Tel: +1 (212) 571-1227 Fax: +1 (212) 571-7004
NEW YORK LANDLORD AND TENANT LAW, ADMINISTRATIVE LAW, FORCLOSURE, BANKRUPTCY, TAX CERTIORARI, AND OTHER NEW YORK STATE AND FEDERAL LITIGATION MATTERS.
- Landlord and Tenant Cases: We represent both landlords and tenants in all sorts of New York landlord tenant matters, including non-payments, holdovers, State of New York Division of Housing and Community Renewal proceedings, Civil Court Housing Part cases, and rent overcharge cases. A non-payment case involves a claim by a landlord that the tenant has not paid the rent, and this type of case is most commonly commenced in Civil Court Housing Part. A holdover case is brought by a landlord against a tenant usually alleging a type of violation of the lease, or a substantial obligation of the tenancy or a statutory claim to recover possession. Common types of holdovers against residential tenants include illegal subletting, Airbnb activity, violation of no pet clauses, violation of no washing machine clauses, claims of nuisance allegations, including noise complaints. Non-primary residence cases are also very common wherein the landlord refuses to renew the tenant’s lease based upon a claim that the tenant is not using the premises as his primary residence. In commercial situations a holdover may be brought by a landlord against a tenant because of an allegation by the landlord that the tenant has illegally sublet or assigned his lease, or the tenant is occupying the premises after the expiration of the tenancy.
- Administrative Law: In real estate matters there are several administrative agencies that are frequently involved in a dispute between landlords and tenants. There is the State of New York Division of Housing and Community Renewal which regulates rent controlled and rent stabilized housing, and there is also the New York City Loft Board which regulates residential lofts covered by the loft law within the five boroughs of New York City. We are familiar and regularly practice before these agencies.
- Foreclosure: We both defend and prosecute foreclosure matters. The most common type of foreclosure is where a homeowner fails to make mortgage payments, and the bank commences a foreclosure lawsuit in order to protect its interest in the property. The objective of the bank and/or lender is to recover the property so that it could sell same and recover the money that was lent to the borrower and secured by the property.
If you would like to arrange for a confidential meeting, please contact us or call our office at 212-571-1227.
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