Best Landlord & Tenant Lawyers in Long Island City

1. About Landlord & Tenant Law in Long Island City, United States

Landlord and tenant law in Long Island City (LIC) governs the rights and obligations of landlords and tenants in residential and commercial properties. Because LIC sits within New York City, state law and city ordinances interact to shape what is allowed and required in leases, repairs, evictions, and property maintenance. Key areas include rental agreements, security deposits, habitability standards, and eviction procedures.

In LIC, most residential matters fall under New York State law with local enforcement by the city’s agencies. The Housing Court in New York handles most eviction-related matters, while the Department of Housing Preservation and Development (HPD) and the Department of Homes and Community Renewal (HCR) oversee habitability standards and rent stabilization issues. Understanding how these agencies work together can improve outcomes for tenants and landlords alike.

2. Why You May Need a Lawyer

• Facing eviction in NYC Housing Court for a rent-stabilized or market-rate LIC apartment. A tenant may receive a petition seeking eviction for nonpayment or holdover. An attorney can help you file an answer, request a stay, and negotiate a settlement or trial strategy. These cases move quickly and have specific procedural rules.
• Disputes over rent stabilization and overcharges. If your LIC unit is regulated, your rent must follow the RGB guidelines and RSL limits. An attorney can review lease history, calculate allowable increases, and file proper challenges with DHCR or in court if you believe charges are improper.
• Habitability problems and rent abatement requests. When a building lacks heat, hot water, or essential repairs, an attorney can help you pursue repairs with HPD or seek rent abatement or lease modifications through the court system.
• Harassment or illegal eviction attempts by a landlord. If a landlord threatens, harasses, or uses coercive tactics to push you out, counsel can document violations, file complaints, and pursue remedies in court or with city agencies.
• Complex commercial leases or business tenancy issues in LIC. For storefronts, warehouses, or office spaces, a lawyer can review lease terms, operating expenses, renewal options, and compliance with local rules to protect your business interests.
• Security deposit disputes and move-out claims. If a landlord withholds a security deposit or imposes unwarranted charges, an attorney can review the lease, negotiate returns, or pursue remedies in court.

3. Local Laws Overview

LIC tenants and landlords operate under a mix of state statutes, city codes, and agency regulations. The following laws and regulations are central to most landlord-tenant matters in LIC:

Rent Stabilization Law and Rent Regulations (New York State)

This framework covers many residential units in New York City, including parts of LIC, built before 1974 with six or more units that are subject to rent stabilization. The system is administered by the New York State Homes and Community Renewal (HCR). Rent stabilization governs how rents can be set and adjusted, how leases renew, and what protections tenants have against sharp rent increases.

Recent reforms under the Housing Stability and Tenant Protection Act of 2019 strengthened tenant protections across the state, including LIC. These changes affect when and how landlords can raise rents, terminate certain leases, and pursue evictions. For more information, see the official HCR rent-stabilization resources.

“Rent stabilization is administered by NYS Homes and Community Renewal and applies to many pre-1974 buildings in NYC, including LIC, with 6 or more units.”

Housing Maintenance Code and Tenant Comfort Standards (NYC Administrative Code)

The Housing Maintenance Code sets minimum housing and safety standards for residential buildings in New York City. It addresses issues such as heat, hot water, pests, water leaks, plumbing, and overall habitability. HPD enforces these standards and can take action against landlords who fail to keep properties safe and livable.

If a LIC building fails to meet these standards, tenants can pursue enforcement actions or complaints to HPD and may be eligible for damages or abatements through legal channels.

“The Housing Maintenance Code establishes minimum housing standards for NYC buildings and is enforced by the Department of Housing Preservation and Development.”

Housing Stability and Tenant Protection Act of 2019 (HSTPA) - Statewide Reforms

The HSTPA 2019 introduced substantial reforms to tenant protections, affecting rent regulation, eviction procedures, and related rights. It provides additional protections for tenants against evictions and certain lease terminations and clarifies many responsibilities for landlords. The act took effect on June 14, 2019, with many provisions applying to filings and notices after that date.

LIC tenants and landlords should be aware that HSTPA changes intersect with both stabilization status and city housing codes. For detailed summaries, consult the NYS and NYC housing agencies listed in the resources below.

4. Frequently Asked Questions

What is the Housing Court in New York City used for?

The Housing Court handles disputes between landlords and tenants in residential properties, including eviction and rent-related cases. It is the primary venue for most LIC landlord-tenant disputes.

How do I know if my LIC unit is rent-stabilized?

Rent stabilization typically covers buildings built before 1974 with six or more units in NYC. A tenant can check with NYS HCR or DHCR to confirm status and learn their rights.

What costs should I expect when hiring an attorney for a tenancy case?

Costs vary by case and region. Some attorneys offer free consultations and contingent fees for certain matters. Ask about hourly rates, retainer, and potential reimbursement of court costs.

What is the timeline for a typical eviction case in NYC Housing Court?

Eviction timelines vary widely by complexity and court scheduling. Simple nonpayment cases may resolve in weeks, while contested holdover actions can take months or longer.

Do I need a lawyer to file a rent overcharge complaint?

While not always required, a lawyer can improve accuracy and speed. An attorney can prepare and file the complaint with DHCR and advise on next steps if an overcharge is found.

Should I contact HPD or DHCR before or after hiring an attorney?

If you have habitability concerns, contacting HPD is prudent. For rent-stabilization concerns, DHCR provides specific guidance on eligibility and procedures and may be your next step after initial consultation with an attorney.

Is there a difference between a holdover eviction and a nonpayment eviction?

Yes. A holdover eviction asserts the tenant stayed past the term or violated lease terms, while a nonpayment eviction is for failure to pay rent. Both proceed through the Housing Court but have different legal standards.

What evidence should I gather for a LIC tenancy case?

Collect current and past leases, rent receipts, notices from the landlord, repair requests and responses, correspondence, and records of city agency complaints about the building.

Can a rent increase be challenged after it is charged?

Yes, if the increase violates rent stabilization rules or the applicable RGB guidelines. An attorney can file the appropriate challenge with DHCR or present arguments in court if needed.

What if my landlord threatens to terminate services or cause retaliation?

Retaliation is prohibited under state and city housing laws. An attorney can help document harassment, pursue remedies, and protect your rights in court or with agencies.

How long does a security deposit dispute take to resolve?

The timeline depends on the dispute's complexity and whether it goes to court. Landlords must comply with applicable statutes and lease terms, while tenants may pursue return and interest through negotiation or litigation.

What should I do if my LIC building lacks heat in winter?

Contact HPD to file a complaint about habitability and safety. Parallel steps may include seeking relief in court or requesting a temporary rent adjustment while repairs occur.

5. Additional Resources

• New York State Homes and Community Renewal (HCR) - Official information on rent stabilization, eligibility, and DHCR processes. https://hcr.ny.gov/
• New York City Department of Housing Preservation and Development (HPD) - Tenant rights, repairs, and enforcement of the Housing Maintenance Code. https://www1.nyc.gov/site/hpd/index.page
• New York State Unified Court System - Housing Court - Court information and resources for eviction and tenancy matters. https://www.nycourts.gov/courts/nyc/housing/

Sources: New York State Homes and Community Renewal (Rent Stabilization), New York City Department of Housing Preservation and Development (Housing Maintenance Code and tenant rights), and the New York State Unified Court System (Housing Court) provide authoritative guidance on LIC landlord-tenant matters.

6. Next Steps

1. Gather all tenancy documents within 1 week. This includes your lease, notices, rent ledgers, and repair records.
2. Identify your status as a tenant or landlord and determine if your building is subject to rent stabilization. Check with HCR and review your lease terms.
3. Consult a Long Island City landlord-tenant attorney for a 60-minute intake. Bring documents and any city or state agency correspondence.
4. Decide the primary objective with your attorney - preservation of tenancy, securing repairs, or recovering deposits. Set a realistic timeline with your counsel.
5. Prepare and file the appropriate notices or court documents. Your attorney will draft answers, petitions, or complaints and help you respond to filings.
6. Engage with city agencies if needed. For repairs, file with HPD; for rent stabilization issues, pursue DHCR remedies as advised by your attorney.
7. Proceed to resolution, whether by settlement, court decision, or negotiated agreement. Maintain ongoing communication with your attorney and document outcomes for future reference.