A year ago, these items would have been merely wishful thinking on the part of over-paperworked owners, but now, thanks to Silver's quiet forcefullness, Senator Joseph Bruno's zealousness and the Governor's pledge to protect poor tenants, the new six year rent law will provide a time of stability, albeit with more regulation and paperwork to the real estate industry and metro area tenants. Disabled persons and those 62 years or older do have the ability to succeed to apartments of near relatives after only one year of joint occupancy, rather than the two for other persons. There were also provisions added that limit the deposit of rent in court requirements for senior citizens and certain public assistance recipients. Owners are also cheering the deposit of rent in court provisions that are effective in 120 days from the date of signing, which was June 20th. Rudin said he is glad to see this, as he has tenants that have not paid rent for two to five years.
Tenant groups expect to challenge the deposit of rent as a legal hurdle to justice.
Silver also agreed that after two adjournments requested by the respondent and within 30 days of the first appearance by the parties, the tenant has to deposit rent in court, and five days after a judgement is issued, no orders to show cause to stay the issuance or execution of any warrant of eviction, or stay the re-letting of the premises, can be obtained without depositing rent. But they also expect judges to prompt tenants into saying the rent is disputed, thereby circumventing the rule that would provide owners with 12 units or less the ability to get their hands on the rent money to keep the oil company and bankers at bay. Bankers are cheering, however, because DHCR has been ordered to contract with a financial institution that will be in charge of certain deposited rents. That still won't help owner Dennis Guidons, who owns a 14- unit building with two longtime tenants who haven't paid rent in four months. One is waiting for a tax refund, he gave the other a letter to bring to social services for help.