New York City Attorneys for Commercial and Residential Tenants Since 1995
Attorneys Marc Rapaport and Meredith Miller have the legal knowledge and experience to effectively navigate New York’s complex and rapidly-changing web of landlord-tenant laws. We take professional pride in the unique diversity of our landlord-tenant clients. We represent low-income residential tenants who suffer pervasive overcharges and other abuses, as well as the nation’s largest wireless communications providers, who rely on us to protect their cell site leaseholds.
We have decades of experience handling landlord-tenant matters in state and federal courts, as well as before New York State and City agencies. Local knowledge makes a difference.
Fighting Illegal Evictions and Other Infringements of the Rights of Commercial and Residential Tenants.
Representing NYC Residential Tenants
We represent rent-stabilized tenants in matters involving evictions, illegal rent increases and other violations of tenants’ rights. We have been at the forefront of advocating for low-income tenants, particularly in Upper Manhattan and the Bronx, where abusive conduct by landlords is rampant.
Protecting Cell Site Leaseholds and Telecommunications Infrastructure
Attorneys Marc Rapaport and Meredith Miller represent the nation’s largest wireless communication providers in landlord-tenant disputes involving cell sites in New York. When rooftop cell sites are in jeopardy, we obtain emergency court orders from federal and state courts, including Yellowstone Injunctions.
Recently, we protected the long-term commercial leasehold interest of a national telecommunications provider by obtaining a temporary restraining order (known as a “Yellowstone Injunction”), which prevented a Queens County landlord from carrying out its threat to demolish its building.
We have effectively fought efforts by landlords to unjustifiably blame telecommunications carriers for building conditions that were actually caused by building owners’ failure to perform basic building maintenance.
Negotiating Cell Site Leases
We negotiate cell site leases, as well as agreements to amend, renew or terminate communications leases. When drafting a cell site lease, we can negotiate your responsibilities and rights, including crucial provisions relating to: equipment upgrades and relocations; continuous access to your leasehold and equipment; renewal or early termination rights; and the right of quiet enjoyment. With fifteen years of experience handling cell site leases, we understand the unique legal and technological issues relating to communications infrastructure.
Real Estate Administrative Proceedings
New York has a complex array of administrative agencies that issue violations relating to real property. We defend tenants and property owners in hearings relating to violations issued by the New York City Department of Buildings and New York City Fire Department. These violations are adjudicated at hearings held by the New York City Office of Administrative Trials and Hearings (OATH), which has hearing offices in each of the five boroughs. We understand the complexities of this system and make it work for our clients. Marc Rapaport has handled hundreds of OATH hearings, The consequences for tenants and property owners are often significant. Fines for violations can range from a few hundred dollars to $10,000, $25,000, or more. Unpaid violations can cloud title to property. Failure to certify correction of violations can stall all construction projects at a building. The NYC Department of Buildings routinely refuses to issue construction permits where a building has unresolved violations.
When necessary, we have appealed OATH’s decisions. In 2019, we obtained a decision from the Supreme Court in Brooklyn vacating penalties totaling more than $50,000 for alleged Building Code Violations.
Examples of Our Successes Protecting Telecommunications Leaseholds
- DiFabio v. Omnipoint Communications, Inc., 66 A.D.3d 635, 887 N.Y.S.2d 168 (2nd Dep’t 2009). In this case, condominium owners filed a lawsuit attempting to stop our client from constructing a rooftop antenna facility at a residential condominium in Westchester County. Both the trial and appellate courts ruled in favor of our client, finding that the plaintiffs failed to meet the requirements for injunctive relief.
- Crespo v. T-Mobile USA, Inc. and Verizon Communications, Inc., 910 N.Y.S.2d 761, 2010 WL 1741112 (N.Y. Sup. App. Term, April 30, 2010). The appellate court issued a resounding victory for our client. The plaintiff in this case sought to hold our client liable for alleged conversion of electrical service. The court dismissed the plaintiff’s complaint.
- T-Mobile Northeast LLC v. 133 Second Avenue, LLC, April 16, 2019. We brought an action for a permanent injunction against a landlord that blocked our client from accessing its rooftop cell site in Manhattan’s East Village. The Appellate Division upheld the lower court’s permanent injunction against the defendant. The Appellate Division also upheld the lower court’s dismissal of the defendant’s frivolous counterclaims.
- Landlord’s Chapter 11 Proceeding, United States Bankruptcy Court, Eastern District of New York. This litigation arises from the building owner/landlord’s Chapter 11 bankruptcy filing. Our client operates a rooftop telecommunications facility at the subject building. We negotiated plan provisions that provide for the assumption and assignment of our client’s long-term lease.