David Moss & Associates has a wide array of experience in representing both landlords and tenants in administrative review. As to landlords, we help the clients who were to answer a tenant’s complaint filed with an administrative agency or otherwise appear before an administrative agency. We also have helped tenants who are filing complaints filed with an administrative agency. The governmental agencies where landlords face many complaints are the Division of Housing & Community Renewal (DHCR) and the Division of Human Rights (DHR), among others.
At David Moss & Associates, we can help landlords who are facing allegations of housing code violations, housing discrimination, allegation of willful rent overcharge, and a variety of other claims tenants may allege. We also can help tenants who are to file the aforementioned claims. Our experienced attorneys have handled administrative hearings and reviews stemming from virtually all aspects of landlord & tenant law. We have successfully represented our clients at both initial administrative hearings as well as appeals.
We can also help landlords who are dealing with willful rent overcharge allegations in rent-stabilized or rent-controlled buildings and service complaints. A landlord who faced an unfavorable judgment by the DHCR Rent Administrator for an allegation of rent overcharge in a rent-stabilized or rent-controlled building can appeal that judgment through an administrative review. The landlord can do so through a timely filing of Petition for Administrative Review (PAR). A PAR needs to be filed within 35 days after the Rent Administrator’s order. It is highly advisable for the landlord to file a PAR if the tenant alleges a willful rent overcharge, because the landlord will be required to reimburse the tenant with three times of overcharged rent if DHCR found that the overcharge was indeed willful. We have successfully represented the landlords in rent overcharge proceedings to reduce or even eliminate the fines. We have also had the cases dismissed altogether.
We also have experience handling DHR complaints arising out of discrimination based on disabilities or sexual orientation among other concerns. As to disabilities, landlords are required to provide “reasonable accommodations” for tenants with disabilities so that they may enjoy equal access to the premises, as long as that accommodation does not impose extremely high costs on a landlord or cause harm or discomfort to other tenants. Also, a landlord may not refuse to permit (at the handicapped tenant’s expense) reasonable structural modifications of the premises if such modification is necessary for tenant to make full usage of the premises. It is against the state and city law to discriminate against persons for renting an apartment or renewing the lease based on the person’s sexual orientation or other personal attributes (e.g. nationality, race, etc.) – see Executive Law § 296(5); NYC Admin. Code § 8-107. At David Moss & Associates, we have successfully represented both tenants looking to exercising the aforementioned rights and landlords dealing with unfair or frivolous allegations.
Our firm can also help landlords/building owners who are dealing with noncompliance citations for violation of state or local codes issued by government inspectors. The types of citations we often handle include fire department violations, building code violations, and sanitation and sidewalk maintenance violations. We often manage to reduce the fine or get the violations dismissed altogether.