Slochowsky &
Slochowsky, LLP

Trusted Counsel to Real Estate Owners,
Managers and the Industry
Since 1950

Practice Areas

Feel free to contact us regarding any legal issue(s) you encounter. We look forward to helping you profit from our expertise and guiding you to the best possible outcomes.

LANDLORD-TENANT LITIGATION

Slochowsky & Slochowsky, LLP represents clients in various summary proceedings to recover overdue rental payments as well as to obtain possession of commercial and residential premises upon various legal and contractual grounds. The laws and procedures in landlord-tenant litigation are known for their complexity. With our extensive experience in this practice area, we simplify these issues for our clients and guide them toward achieving their best interests and ultimate goals.

ADMINISTRATIVE PROCEEDINGS

We represent clients at administrative hearings and in other challenges at DHCR, including but not limited to the following issues: rent regulations, leases and overcharge allegations, HPD proceedings, and other proceedings to defend alleged building service reductions or violation allegations. Our firm also provides zealous representation on actions brought against the client by DHPD, which may allege certification issues and building code violations, including heat and hot water violations. We at Slochowsky & Slochowsky have been defending these actions for decades with very favorable results.

SUPREME COURT LITIGATION

In matters of real estate and related operations, litigation is virtually inevitable. Our firm regularly represents clients in contract actions and disputes, ejectment proceedings, and adverse possession proceedings. We likewise focus on defense of overcharge claims, injunctions, and general commercial litigation.

APPELLATE LITIGATION

Not all decisions conclude favorably. Appellate courts provide a mechanism for reviewing lower courts’ decisions in circumstances where it is believed that the lower court should have held otherwise based upon the law, the facts, or other relevant considerations.

At Slochowsky & Slochowsky, our attorneys have extensive experience in reviewing such cases. In doing so, we work with each client to determine whether an appeal is a viable option, while considering all attending facts and circumstances as well as the client’s best interests and desired results.

DHCR & REGULATORY RENT LAWS

New York’s rent regulations and related requirements create a very complicated arena. Due to our firm’s expertise in these matters, regulatory rent laws are a substantial area of concentration at Slochowsky & Slochowsky. It is essential that owners of rent-stabilized apartments be aware of these regulations, not only in relation to summary proceedings, but in all facets of multifamily real estate matters. Such awareness should start when the client first considers purchasing a property or properties. This enables the client to be well informed of potential issues that may arise. In particular, rent overcharge proceedings and issues “inherited” from prior owners have become prevalent in recent times, thereby requiring experienced legal guidance for new owners or prospective purchasers of property(ies).

DUE DILIGENCE

Many multifamily residential properties are subject to rent stabilization laws, which are notoriously complex and voluminous. A current owner or manager’s calculations of lawful stabilized rent can affect a subsequent buyer’s obligations and possible liability. Much of the examination and due diligence needs to be focused on rent increases based upon current and prior laws pertaining to vacancy and renewal increases, major capital improvements, and individual apartment improvements. The due diligence period is agreed upon by the buyer and seller and determines the timeline for such examination.

At Slochowsky & Slochowsky, we regularly assist prospective purchasers of multifamily properties in reviewing all existing tenant files, leases, rent registrations, calculations, backlogs for apartment improvements, and eligibility issues. This is to ensure that the seller has proceeded in accordance with applicable rent stabilization laws, that the rent is being lawfully charged by the current owner, and to advise of any regulations and potential liabilities in the subject portfolio.

As many property owners know all too well, improper rent being charged by a current owner can translate to a rental overcharge action against a new owner. In many cases, this involves treble damages being awarded to the tenant. Issues like these can affect the purchase price of properties, or enable a well-informed buyer to decline the purchase, or support a negotiation of different terms.

Our firm regularly advises clients on these matters to help them move forward, with eyes wide open, in a way that best suits their investment and risk strategies.

HUMAN RIGHTS

Slochowsky & Slochowsky represents clients in various human rights matters under state and federal law. These issues may involve instances of alleged housing discrimination and alleged harassment. Allegations may include human rights violations with respect to apartment rental applications as well as claims of unlawful termination of employment from a client’s employees who work at the premises.

Feel free to contact us regarding any legal issue(s) you encounter. We look forward to helping you profit from our expertise and guiding you to the best possible outcomes.

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