All Forum Posts by: Adam A.

Been managing 15+ units under my families residential properties for almost a decade now. Considering getting my Real Estate Broker's license to begin my own local Property Management company and take on clients of my own. I don't mind the costs or work associated with getting the real estate brokers license, but wanted to clarify this step of the process;

1. After completing the education requirement, you must gain real estate salesperson experience. NYS requires you to work as a licensed real estate salesperson for at least two years before applying for a broker's license.

Is this really necessary? I'm not interested in selling real estate or working underneath another company for two years. Frankly I'm just interested in pursuing property management under my own company.

NYS's ERAP program has had everything they've needed to complete my tenants case and either accept or deny some kind of payment for over 7 months now. My courts tell me I can't evict for any reason while that is pending. Is there seriously nothing I can do about this, this is for a tenant who hasn't paid since the start of the eviction moratorium back in 2020 nearly 2 years ago. I would've never attempted this program if I'd known that ERAP wasn't going to even attempt to do their job. They received over 2 billion dollars to get money out to people in need, a EMERGENCY program, and they haven't made a decision after nearly 8 months. They literally need to review less than a dozen documents.

This is either NY's way of simply extending their eviction moratorium, or ERAP is the most grossly incompetent use of taxpayer money I've ever seen in my life. When their case started, the 12 months worth that ERAP would've been able to compensate the cost of their owed rent. Now it's well over 17 months, ERAP isn't even going to possibly pay it all even if they send their maximum amount. I'm not even going to go into all of the conflicting and incorrect information they've given me the numerous times I've called. These tenants are causing problems with others in the building, disorderly and more and more ruining the apartment.

I've recorded all of my interactions with ERAP. Is there really nothing I can do as a small time landlord but wait and pray that they actually do their job some day?

Thanks to the NYS moratorium you can't perform any evictions at the moment. 

Have offered both of sets of tenants $600 + full backrent forgiveness without any success.

Have been searching for a means of removing enormous problem tenants of ours. Due to the eviction moratorium I currently have two units in a 6-unit building where the tenants haven't paid rent in nearly 8 months each. One unit is a family that's moderately messy but do well enough to keep to themselves. The other unit has become a nightmare with the tenant changing the locks, destroying the interior of the apartment, selling drugs and constantly having traffic in and out of the apartment, and making life miserable for everyone in the building. Had gone served the 14-day notice and had everything set to begin non-payment eviction prior to the end of May when the NYS Eviction Moratorium was to be lifted, when two days prior to May the moratorium was extended through August. These two units alone are on track of having lost us 10K in profit this year.

Anyone have any luck performing evictions during these times? Family business and we typically do all of our own evictions but I'd be happy to hire an attorney. There's got to be something I can do, at this point NYS has so badly neglected landlords and become so tenant friendly it's making me wish I owned these rentals anywhere else.

Alright for anyone interested I got off the phone with Nycourts.gov and they are in the process of updating those forms with no timeframe put out. What a local court in my area just told me was for the Written demand for Payment of Past due rent to simply cross out the 3-day notice and write 14-day with initials. And for the Holdover forms the notice to cure which isn't available online can simply be written up instead of printing an official form.

So my I went to fill out the paperwork for eviction of a tenant for both non-payment, and holdover (for breaking things in the lease). Went to file the paperwork with the court to find that the laws recently changed and my notices didn't give the tenant enough time (non-payment went from 3-day to 14-day). Real fun and all but it looks like the nycourts.gov website, where I'm supposed to get the proper paperwork to file eviction from, has updated some parts of the site but other parts still have old information and now dead-links.

Non-Payment Proceedings; as specified on their website here; https://www.nycourts.gov/courthelp/Homes/LTstarting.shtml under Starting a Case For Non-Payment of Rent, due to the change in the law you now must give a 14-day notice instead of a 3-day. However here where you get the proper forms; http://ww2.nycourts.gov/COURTS/8jd/ltnonpay.shtml, The written demands for Payment of Past Due Rent form is still specifying 3 days instead of 14. Can't find a 14-day form anywhere on their site.

For a Hold-Over for violation of lease this guide page here; https://www.nycourts.gov/courthelp/Homes/holdoverNotices.shtml, specifies you need to serve a Notice to Cure to a leased tenant, however their Holdover forms page here; http://ww2.nycourts.gov/COURTS/8jd/ltholdover.shtml literally doesn't have that form at all.

Am I missing something here or is the official nycourts.gov website dropping the ball so bad I can't legally serve my tenant the notices required as they're literally not available?

Thanks guys I've been going through New York's eviction laws since posting this and really should have started there'

I've recently started managing my father's rental properties and acting as the property manager on his behalf. This is in New york. I know that a third party is normally used for serving tenants, but would I be able to serve a tenant myself directly? Even though I'm family of the landlord I'm still the acting agent in charge of managing the property. Would this be a hiccup in court and should I just find someone else to serve them?