November 15, 2018
Practice Areas


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. At no time may a landlord perform a “self-help eviction” 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. Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum 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.

In the event the tenant has not paid the rent after the demand notice, a landlord may file a petition and notice of petition in Housing Court which ultimately starts a case in Civil Court. The law offices of Cohen Hurkin will prepare the petition and notice of petition, serve it on the tenant, and file your case.

Once a tenant interposes an answer, the Court will then set a court date. The attorneys of Cohen Hurkin  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 Cohen Hurkin  have decades of trial experience behind them.

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

Holdover Proceedings For Possession

 
A holdover case is commenced by a landlord to evict a commercial or residential tenant for reasons other than non-payment of rent.

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 lease, nuisance, illegal activities and other violations of lease.  

Prior to the commencement of a holdover proceeding, the landlord must often serve predicate notices pursuant to statutes and case law.  Cohen Hurkin will review your case and prepare any predicate notices to be served by our licensed process server.

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

Once a court date has been set, the attorneys of Cohen Hurkin 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 Cohen Hurkin 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.
 

Department of Housing and Community Renewal (DHCR) Hearings

The Division of Housing and Community Renewal is a State agency that hears cases that involve rent overcharge, harassment and various issues concerning the Rent Stabilization Code. The attorneys of Cohen Hurkin 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 a 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 Cohen Hurkin 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 Cohen Hurkin 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.

 

Collections


The Collections Department at Cohen Hurkin concentrates in the area of debt collection against tenants who are no longer in possession (for tenants still in possession, please view the Commercial and Residential Non-Payment Actions section). Typical cases include actions relating to breach of lease, damages and post-judgment enforcement. The attorneys of Cohen Hurkin regularly appear in Civil Court on collections cases and have years of experience in attempting to secure payment on judgments.

Please contact us to schedule an appointment to discuss your collection case.
 

Leases


Most landlord-tenant relationships are governed by written leases. The law firm of Cohen Hurkin 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 tenancy. Such violations can include non-payment of rent (See Residential and Commercial Non-Payment Actions) 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.
 

Residential Closings


The Closing Department of Cohen Hurkin represents both purchasers and sellers of real property throughout New York City and its surrounding counties.  The attorneys of  Cohen Hurkin provide representation in all stages of the typical real estate transaction from contract negotiations to the closing of title.  Our representation at closings ranges from single-family homes to large multiple dwellings.  Please contact us if you would be interested in using our services for your potential real estate transaction.
 

Bankruptcy Cases


The Bankruptcy Department at Cohen Hurkin typically involves appearances in Federal Bankruptcy Court after tenants declare bankruptcy either prior to or in the context of a landlord-tenant summary proceeding.  The attorneys for Cohen Hurkin have many years of experience in Bankruptcy Court where motions must often be made to vacate stays imposed by the Court on the eviction process once bankruptcy has been declared.  If you wish to discuss a potential bankruptcy matter as it relates to your landlord-tenant case, please contact us to schedule an appointment.
 

Co-op & Condo Disputes


The law firm of Cohen Hurkin has many years of experience and knowledge in the area of Co-Op and Condominium disputes. Cases in co-ops may include the failure of a shareholder to pay maintenance or other violations of the proprietary lease. Often the owner of a co-op or condominium has leased the premises to a tenant who is in violation of his or her lease. The rules governing co-ops include federal, state, and local laws that can be extremely complex and highly technical. Please contact us to discuss your co-op/condo matter.
 


Disclaimer: The Law Offices of Cohen Hurkin Ehrenfeld Pomerantz & Tenenbaum, LLP, provide the information found on this web site for informational purposes only. It is not intended to, and does not, constitute legal advice or a legal opinion. Nor does it create an attorney-client relationship between The Law Office and any viewer of the site. You should not act or rely upon any information that you obtain from this site without first seeking the advice of an attorney regarding the facts of your specific situation. The information on this web site is intended to be accurate and current. We do not promise or warrant, however, that the information that you find here is complete, accurate or up-to-date.
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