Landlord-Tenant Matters

Our firm continues the Real Estate practice of Irving Novick, founded in 1953. We concentrate our practice in all aspects of Real Estate, with a particular emphasis on landlord-tenant related matters that may include landlord and tenant rights, evictions, litigation, residential and commercial leases and administrative proceedings before the NYS Division of Homes and Community Renewal. We also represent owners defending cases brought by the NYC Dept. Of Housing Preservation and Development. In addition, we have a significant appellate practice representing not only our own clients but referrals from other litigators. Our proprietary case tracking system (casetracklive.com) allows our clients to track the progress of their cases as well as providing numerous case management tools.

Foreclosures And Workouts

Our foreclosure practice embraces the following:

Representing lenders and financial institutions in federal bankruptcy proceedings and state courts.

Representing lenders and financial institutions in the prosecution of commercial, industrial and residential foreclosures.

Defending borrowers in foreclosure cases.

Representing potential purchasers at foreclosure sales.

Loan workouts and forbearance settlements and agreements on behalf of lenders as well as borrowers.

Our clients are provided with regular updates on the status of their foreclosure cases..

Transactional Real Estate

The Transactional Real Estate Department at Novick Edelstein Pomerantz, P.C. represents creditors, equity applicants, buyers, landlords and tenants. With experienced lawyers, familiar to addressing all aspects of complicated real estate transactions we have a unique capacity to handle sophisticated acquisitions, dispositions, development and financing transactions.

Litigation Involving Complex Real Estate Issues

Our Real Estate Litigation team has resolved complex cases including issues relating to eminent domain, environmental and land use matters, partition cases and contract disputes. At Novick Edelstein Pomerantz, P.C., our Real Estate Litigation team handles real estate-related disputes for owners, developers, investors, tenants, lenders, joint ventures and public-private partnerships, and many other parties in and out of court throughout the NY metropolitan area.

Commercial Litigation

Whether you are using the courts to achieve your business goals, or defending a significant damage claim, our team has the experience you need. At Novick Edelstein Pomerantz, P.C., we effectively defend as well as prosecute and mediate claims. We provide you with clear advice from seasoned litigators to resolve your disputes. We are problem solvers as well as trial lawyers.

Residential and Commercial Non-Payment Actions

A non-payment action is commenced by a landlord to collect unpaid rent from either a commercial or residential tenant. Even if a tenant has not been paying his or her rent. The ultimate desired outcome for a landlord on a non-payment case is either payment or possession.

A non-payment case is initiated by a rent demand which often must be done in writing pursuant to a written lease. Novick Edelstein Pomerantz P.C. LLP, will review your lease and prepare the demand notice to be served by our licensed process server. The amount of notice (in terms of days given) before a tenant can actually be sued, varies depending on the type of tenancy and lease agreement between the parties.

Once a tenant interposes an answer, the Court will then set a court date. The attorneys of Novick Edelstein Pomerantz P.C. have the experience and knowledge to deal with your non-payment landlord-tenant dispute once your case is heard in Housing Court. Our attorneys appear in Housing Court each and every day the courts are open throughout New York City and its surrounding counties, always advocating on behalf of our clients.

In the event a case cannot be settled and must go to trial, the attorneys of Novick Edelstein Pomerantz P.C. have decades of trial experience behind them.

If you desire to schedule an appointment, please contact us.

Holdover Eviction Proceedings

A holdover may be commenced against a commercial tenant for nonpayment, if the lease allows for it.

A holdover case, by its very nature, is difficult and highly technical because a landlord is seeking a Court Order for a tenant’s eviction. Several grounds for a holdover case include non-primary residence, illegal subletting, expiration of tha lease, nuisance, illegal activities and other violations of tha lease.

Prior to the commencement of a holdover proceeding, the landlord must often serve predicate notices pursuant to the lease. Novick Edelstein Pomerantz will review your case and prepare any predicate notices to be served.

In the event the tenant has not surrendered possession, a landlord may file a petition and notice of the petition in Housing Court which ultimately begins a case in Civil Court. The law office of Novick Edelstein Pomerantz will prepare a petition and notice of petition and file your case.

Once a court date has been set, the attorneys of Novick Edelstein Pomerantz have the experience and knowledge to deal with your holdover landlord-tenant dispute. Our attorneys appear in Housing Court each and every day the courts are open throughout New York City and its surrounding counties, always advocating on behalf of our clients.

In the event a case cannot be settled and must go to trial, the attorneys of Novick Edelstein Pomerantz have decades of trial experience behind them. If you desire to schedule an appointment, please contact us to schedule an appointment.

Administrative Proceedings

In addition to Housing Court, various Federal, State and City agencies have jurisdiction over landlord-tenant disputes. Please contact us to discuss any matter you may have pending in front of an administrative agency.

The Division of Housing and Community Renewal (“DHCR”) handles various issues concerning the Rent Stabilization Code, including overcharge complaints and diminution of services complaints. The attorneys of Novick Edelstein Pomerantz regularly appear at DHCR to handle these cases. The firm also has experience in handling the appeals process from this agency, which is known as PAR (Petition for Administrative Review) and Article 78 Proceedings in Supreme Court.

Department of Housing Preservation and Development (HPD) Hearings

The Department of Housing Preservation and Development often hears cases involving Section 8 subsidies before an eviction proceeding can be commenced.

Environmental Control Board (ECB) Hearings

The Environmental Control Board has jurisdiction over violations placed on landlords by various New York City departments, including the Building, Fire, and Sanitation Departments. The attorneys at Novick Edelstein Pomerantz regularly appear at the Environmental Control Board on behalf of our clients.

Department of Housing Preservation and Development (HPD) Cases

In Housing Court, a tenant has the ability to commence a case against a landlord for repairs in an apartment. The HP part of the Housing Court has jurisdiction to hear these tenant-initiated cases. In addition, the Department of Housing Preservation and Development can commence cases for building-wide violations, failure to provide heat/hot water, and certification issues for failure to remove violations. A 7A proceeding can involve the tenants in a building attempting to remove a landlord from managing its building.

The firm of Novick Edelstein Pomerantz appears in the HP part on a regular basis and has years of experience handling these cases, negotiating with New York City attorneys from HPD. Our attorneys have a deep understanding of the Housing Maintenance Code that governs these cases.

If you wish to discuss an HPD case in further detail, please contact us.

Leases

Most landlord-tenant relationships are governed by written leases. The law firm of Novick Edelstein Pomerantz has drafted and reviewed countless residential and commercial leases. Disputes often arise as to the interpretation of lease clauses and whether or not a tenant has violated a substantial obligation of the tenancy. Such violations can include non-payment of rent (See Residential and Commercial Non-Payment Actions proceedings) or other violations including illegal subletting, harboring pets, possessing washing machines, etc. (See Holdover Proceedings). Please contact us to schedule an appointment to discuss your potential case.