City Amends Definition Of Commercial Harassment; Increases Fines

The New York City Council just recently passed a bill 39-5 that will increase fines to as much as $50,000 and broadens the terms of what is deemed harassment. The bill sponsored by Bronx Democrat Vanessa Gibson was also endorsed by the Real Estate Board of New York after disagreeing with previous bills.

The bill addresses the definition of commercial-tenant harassment. It is deemed as any act by a landlord that could cause a tenant to vacate the property or waive their rights under a rental agreement. The bill would also allow courts to order the city Department of Buildings to bar landlords who have been found guilty of commercial-tenant harassment from doing certain types of construction at the property where the harassment occurred. Hence the courts can order the Department of Buildings to deny construction permits to landlords found to have harassed their tenants. Some landlords will also have to obtain a Certification of No Harassment for some buildings under a pilot program in order to obtain permits.

Landlords will also be subjected to civil penalties ranging from $10,000 to $50,000 if found to be harassing a commercial tenant. This is an increase from fines that currently range from $1,000 to $10,000. According to the Wall Street Journal

" A 2016 law had defined commercial tenant harassment as landlords denying services like water or electricity, removing tenant property, limiting access to space, or repeatedly engaging in “frivolous court proceedings against the tenant.” Under the bill, the definition would also include landlords requesting identifying documents that would disclose the citizenship status of a tenant; threatening a tenant based on factors including their age, race, gender, disability status, or sexual orientation; and unreasonably refusing to cooperate with a tenant’s permitted repairs or construction activities."

Councilwoman Vanessa Gibson stated “I’m not trying to put more of a burden on landlords, but I am recognizing that we have to hold landlords to a certain standard. You can’t use your ability as a landlord to control your tenants in a harassing way.” The Real Estate Board of New York approved the bill after the bill had been amended. Reggie Thomas, Senior Vice President of Government Affairs stated “It’s going to punish those people who are guilty of harassment, as they should be."

BJD Property Management is a full service NYC property management company servicing the boroughs of Queens, Brooklyn, Manhattan and the Bronx.  Whether it be a 1 bedroom condo or multi-family building we are able to assist our clients maximize their investments.

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What Should You Be Looking For In A NYC Property Management Company?

Finding a reputable property management company in New York City may seem like a daunting task.  As we all know not all property managers are the same.  I have heard plenty of stories of nightmares with many different issues that come about.  Property Management is a complex field with many moving parts.  So how can you find one that is right for you?  Well here are some things that you can items you can look for when deciding on a property management company.

In deciding on a property management company in New York City you have to determine whether the company is cost conscious.  In determining vendors you should ask what sort of procedures they have in place in order to maintain quality but keep the prices reasonable.  Your property management company should have some relationship with their maintenance vendors and any cost savings should be for the benefit of the owner.  It is also important that the maintenance staff and vendors be friendly and handle issues in a timely manner.  No one wants disgruntled tenants.  The easiest way to have tenants become this way is not fixing issues in their apartment in a timely manner. 

With respect to expenses, they should be communicated with you in a timely manner.  Some companies like BJD Property Management cap authority on doing repairs without authorization at a specified amount.  By limiting authorization, it allows the homeowners to be involved in the costs of the repairs and what maintenance vendor will be used.  Owners should also have access to their financial information at all times.  Having transparency is becoming more common as there is now property management software out there that allows owners to get access via an Owner’s portal. 

Many different issues come about as a property management company.  A good property manager has to navigate through rough waters in many instances.  It is important when you are choosing a property management company that they are familiar with the neighborhood that your property is located.  By being familiar, they will be able to understand how different issues are handled in the area.  For example, utility companies might work differently on servicing buildings in different locations.  Also sanitation might be run differently in Brooklyn than in Queens.  Having this type of experience will make your property run smoothly.  Also being familiar with legal and regulatory compliance issues in a particular area can be very helpful when issues come about.  Evictions are costly and a property management company should be able to navigate their owners through the process.  Understanding the law and having access to competent landlord & tenant attorneys is a necessity.

Lastly you should be looking for a property management company that is fairly priced and disburses money quickly.  Choosing the cheapest property management can actually hurt you in the long run.  Instead you should be looking for a company that is reasonably priced with plenty of services they are providing.  Having a company that is flexible can save you thousands of dollars in the long run.  You should also ask how they make payments.  Having to wait over a month for payment is not something that is common with electronic payments and property management software making accounting easier today. 

If you are looking for a professional property management company, then BJD Property Management may be right for you.  We check all the boxes when it comes to what you should be looking for.  We manage properties in the New York City region and have assisted homeowners in properties ranging from single-family homes to multi-unit apartment complexes. 

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