Blog

  • Dealing with Trash

    Managing trash and recycling is essential for maintaining the warranty of habitability. In New York City, the Department of Sanitation (DSNY) has clear rules for containerizing waste to prevent vermin, odors, and neighborhood hazards. Using code-compliant bins is required by law.

    What Are Code-Compliant Bins?
    Code-compliant bins are lidded, rodent-resistant containers that keep trash and recycling secure until pickup. For most small residential buildings, this means bins no larger than 55 gallons, with tight-fitting lids and easy access for tenants and sanitation workers. Properly color-coded bins, black for trash, blue for recycling and green for cardboard, help ensure materials are disposed of correctly, and you can buy them at: https://www.bins.nyc/

    Why It Matters
    Buildings that fail to meet DSNY’s containerization rules risk civil penalties, fines, and unsanitary conditions. Overflowing or uncovered trash attracts rats, creates odors, and diminishes the quality of life for tenants and neighbors. Installing code-compliant bins protects your building, keeps the streets cleaner, and ensures compliance with the warranty of habitability, which requires safe and sanitary living conditions. You can look up DNSY violations here: https://a836-citypay.nyc.gov/citypay/ecb

  • Who is for Tenants?

    Who is for Tenants?

    In this great Brooklyn Rail piece, the outstanding writer and tenants rights activist Holden Taylor floats perhaps the most important question facing renters in NYC today: is it time for a citywide tenants union?

    https://brooklynrail.org/2022/07/field-notes/Who-is-for-Tenants

  • Why do Landlords Use LLCs?

    Why do Landlords Use LLCs?

    If you rent from a landlord, you may have noticed that you’re asked to make your rental payments out to an LLC– a Limited Liability Company– such as “123 Main Street LLC”. This would strike any casual observer as odd because we know that the ultimate beneficiary would be the landlord.

    The reason is that LLCs are used to shield a landlord’s personal assets if the building comes under legal scrutiny for matters such as rent overcharge and illegal deregulation. Tenants seeking damages in this area therefore must sue the company, not the individual. Landlords who are concerned that they might be exposed to litigation regarding rent overcharges therefore often hide their properties inside an LLC to limit exposure.

    LLCs also offer the benefit of hiding the identity of the landlord because the names of the principal officers are often hard to access. For tenants seeking to learn the identities of their landlords, however, the law has changed recently in a direction that helps improve the availability of accurate information. New York State Gov. Kathy Hochul signed the LLC Transparency Act in December 2023, creating a database of the beneficial owners of LLCs that is accessible to government agencies and law enforcement, meaning that certain forms of tenant litigation can result in the names of landlords being accessed by the courts if needed.

    While the act was aimed at combating money laundering, it also has the added benefit of reducing landlords’ abilities to use LLCs as a shield against legal scrutiny. Tenants who are interested in the details of the LLC that they pay rent to can check the NYS Department of State’s entity database at this link here.

  • Why Form a Tenants’ Association?

    Why Form a Tenants’ Association?

    The simple answer is that there is typically a power imbalance between a landlord and a tenant which leaves tenants exposed to exploitation. This is because the landlord owns the living space that the tenant occupies, and can under certain circumstances reclaim that living space at their discretion.

    Although some protections exists for tenants (see the page entitled “Rent Stabilization“), generally speaking there is nothing stopping a landlord from refusing to renew a lease to tenant if they believe they could make more money by charging more rent to a new tenant with a higher income.

    When landlords are free to rent their apartments to the highest bidder and there is a scarcity of apartments in a city like New York, neighborhoods undergo what is known as “gentrification”. This is where newly-arrived high-income tenants displace low and middle-income tenants by outbidding them in the housing market.

    Gentrification leads to a breakdown of community and social cohesion because residential neighborhoods become increasingly ordered by income, rather than by social or familial affiliation, language, religious or cultural background, or workplace proximity. This exacerbates urban segregation because income and assets tend to cluster in desirable neighborhoods that have tenants with the resources to demand better amenities (parks, libraries, etc), while low and middle income tenants are forced out by landlords seeking to capitalize on the willingness of high income tenants to pay higher rents.

    Under these conditions, the sole unifying theme of a gentrified neighborhoods is that it is home to wealthy individuals. On the other hand, when legal and economic space is carved out for low and middle income tenants, neighborhoods can preserve historic character (particular national or religious affiliations) as well as make space for individuals who contribute to society in ways that are not highly compensated. This includes those in care and education sectors, but also those involved in creative work where compensation in the early career stage is typically quite low.

    Tenants associations are therefore needed to push back against the logic of landlordism, the sole aim of which is to extract the highest rents possible from whichever tenants are willing to pay. Individual tenants who are at risk of being priced out of a neighborhood can join together to resists gentrification by asserting their rights in relation to rent stabilization law, and to the duty of landlords to provide habitable housing that is in good repair to all tenants, regardless of their rental status.

    Tenants associations redress the imbalance of power that, if unchecked, would render tenants vulnerable to market forces of the real estate industry, which tends to favor the extant owners of such property.