All Forum Posts by: Daniel C.

@Ericka G.,  Thank you!  This is all great info.

The owner is listed as an LLC. Looks like they've finished digging out to create a basement; and are now extending the house in the back. I don't know how long it will go on for. Luckily, it's a 2 family, so hopefully it won't last too long. We're trying to contact them directly, but we will likely have to use an attorney as the construction has caused some damage to our building.

We have been in communication with the tenants and contacted 311.  Although the city can try to force the owner / developer to install rat traps, the city tends to be slow with some things.  So we will contact an exterminator immediately to set traps and close up any holes.

The tenants moved in just this month and really love the place, and I think they will tough it out.  However, the lady of the house is expecting in a few months, so this sort of inconvenience and added stress is not good for her!  But if it comes to it, then we will offering them a break on the rent for a few months for the inconvenience.  I've been reading some horror stories online dealing with developers doing next door construction. I'm hoping we and especially the property fair well.  

Thank you for the input and great suggestions!  Much appreciated.

Thanks Jay. It seems that they are sticking with the times for construction. But it’s the damage and bad living situation they’re causing for my tenants who may decide to leave. I’m hoping that’s not come to that

We recently purchase a multifamily property in Brooklyn New York. As luck would have it, the property next door was sold days later. The owner, listed as an LLC, has begun doing a major gut renovation (expansion and construction). Our tenants on the 1st floor have recently reported issues, among them lots of heavy dust in their apartment even though the windows are closed; and hearing mice / rats behind the walls. Although these are some of the issues expected when a full renovation and construction is happening right next door to an attached house; it is an extreme inconvenience to a family who recently moved in.

We are trying to speak with the workers doing the work next door and trying to reach out to the owner / developer. Someone also suggested installing electronic pest repellents to help ward off the mice behind the walls or getting a professional exterminator.

Looking for recommendations on a good moderately priced attorney in the Brooklyn, NY (or surrounding areas).  Thank you.

I purchased a 3 family investment property in Brooklyn NY back in 2008. I was under the impression that there was a 10 year 421a tax abatement on the property. Turns out it's actually 25 year abatement. Super Lucky - Yes!  Major grin - Yup!

However, I was advise that the abatement would come to an end this coming January. After months of repeated calls, messages, and emails, I was finally able to get someone helpful to assist me with information and forms including a FCE (Final Certificate of Eligibility).

Part of the requirements (see STEP 3 in the below image) is that each residential unit must be registered as rent stabilized with the NYS Division of Housing and Community Renewal (DHCR). I don't understand why units are required to be rent stabilized for the continuation of an existing 25 year abatement. The current rents are lower than the market rates for the area (Bed Stuy).

If I register the units as rent stabilized, will I have to adjust the current rents for the tenants?

How will this affect the yearly increases I can charge? What about future tenants?

According to nyc.gov site the property taxes without abatement would be about $7750/year. Is it better to give up the abatement  and pay current tax rates to be able to charge market or close-to-market rents?

Any input from someone familiar with NYC 421a abatement that can offer some insight would be greatly appreciated. Thanks.

@Michael G. -- Great idea on having a shared Super! I tried searching BP a few months ago to see if anyone used or knew of a service like this in Brooklyn, but I could not find any hits. I would definitely be willing to join to have a dependable and experienced Super / Jack-of-all-Tradesman who would handle one-off tenant requests. Please keep us updated; and count me in!

Also, thank you for the info and link about curbing garbage responsibilities!

@Cynthia Brooks -- thank you for the referral of Mr. Scorpio. I have sent you a message.

Things went ok. I sent her email detailing the amount owed for overdue rents, and indicated that unless the past rents were paid up that the lease would not be renewed. About a week later, a direct deposit was made for all overdue rents; bringing things current.

Considering the 6-12 months of no rental income during NYC eviction, expected heavy property damage, while I’m trying to acquire another mf property, and my current work schedule; going through this process, at this time, would be too taxing – not just financially. Obviously, many will not agree with my decision; but between an eviction that could result in $20K+ loss versus rents are 2-3 months late once in a while (but eventually paid) – I chose the option that’s a lot less frustrating, demanding, and financially draining...for now. I have not ruled out eviction altogether.

Thanks for the "tough-love" pep talk @Michael G.  I will not renew. I am in talks with an attorney; and will start the process of getting her out once her lease is up.

Update on this property in East NY --

According to the Seller, a remodel was done that did not need permits. The building was remodeled / renovated last year, but I do not know the scope of the work they performed. The renovations were pretty good overall, but some things were done a bit sloppy. My Inspector did a great job finding all the issues which the Seller agreed to fix - all of them. After waiting for the counter-signed contract, we received word that the Seller cancelled.

I spoke with the Agent and he suggested that the reason Seller "may" have backed out was "probably" due to the insistance of permits being provided. It seems that there are a number of developers / flippers who bypass obtaining permits to avoid delays and/or use cheaper contractors. I have since found 2 other renovated properties in East NY Brooklyn that I'm intrested in - both of which also do not have permits.

If the renovation on a property was done well; and the Seller agrees to fix any found issues, is it still mandatory to have proof of permits?

Would having an umbrella policy in addition to regular insurance be useful?

Thanks for the input @Eddie V.

But it is 4 month's late at this point. I've kept a running tally of late fees even though the chances of ever collecting them are impossible. The lease will be expiring soon, so I'm switching it from yearly to a month-to-month lease; and adjusting the rent accordingly as it's well below market rate. I'm hoping a few emails / letters from an attorney is enough to scare her into getting caught up ASAP. Or I will offer options to move; and worse case scenario, be ready to spend a months trying to get her out. I'll PM you. Thanks.

I have a tenant who has been repeatedly slacking on rental payments. Sometimes, she'll skip a month or two, but then catches up with overdue rents. But this recurring on again / off again payments is frustrating and annoying.

As most New York investors know, evictions in NYC can take a very long time - sometimes 6 months; and in some cases a year plus. Some tenants know how to play the game very well since New York is VERY pro-tenant! I suspect rent is not a priority for her because she knows by the time paperwork is filed, and a few court appearances get postponed, she would have paid up. I know it's better to try to turn a non-paying tenant into a tenant, then going through the eviction process - but the feeling of getting taken advantage of is like a gnawing pit in your stomach. But I acknowledge that it's my fault as I let sympathy get in the way when it started happening.

Aside from the few months of non-payments, and then catching up - there are no other issues with her. The initial tenant screening about 7 years ago was good - although I've gotten much more stringent on screening process since joining BP about a year ago.

Does anyone have recommendations on a good eviction attorney in the Brooklyn (or New York City area)? Have you used them personally? If so, let me know what the experience was like.

Or if you think hiring property management company temporarily to handle the situation is a better option.

Thanks.