McGuire & Zekaria specialize in representing tenants, primarily residential, but also commercial tenants. We only represent tenants. We do not represent landlords. Nor do we represent prime tenants acting as landlords, such as a tenant who seeks to evict their subtenant or roommate. This does not mean that we think all landlords are "bad" and all tenants are "good."
Of course, reasonable and compassionate landlords can be found in New York City. Of course, some tenants terrorize their neighbors. Our decision not to represent landlords derives from our belief that housing is a human right. Evictions undermine this cherished principle. To avoid the dilemma of whether a particular eviction is justified, we choose not to walk down that slippery slope altogether.
Our expertise in landlord-tenant law includes Housing Court and Supreme Court litigation involving:
Our expertise in Administrative Proceedings includes:
- non-primary residency
- owner occupancy
- unlawful sublet
- succession rights
- illegal evictions
- non-payment of rent
- warranty of habitability claims
- HP actions
- tort actions relating to housing, such as property damage, fraud or misrepresentation
- lifting restraining notices on bank accounts or garnished wages
- appeals of any of these matters
Other areas of our expertise in landlord-tenant law include:
- Complaints filed with the Division of Housing & Community Renewal (DHCR) for overcharges or decrease in services
- DHCR appeals, known as a Petition for Administrative Review (PAR)
- DHCR hearings
- DHCR responses to a landlord's request for rent increases based on major capital improvements (MCIs)
- New York City Housing Authority (NYCHA) grievance hearings
- Housing Preservation & Development (HPD) certificate of eviction hearings
- Department for the Aged matters, such as Senior Citizen Rent Increase Exemption (SCRIE) issues
- Loft Board hearings
- Appeals of Administrative decisions, known as Article 78 proceedings
- Orders to Show Cause to stop a Marshal's Notice of Eviction
- Sublet Requests
- Negotiations with Landlords or their attorneys outside the course of litigation
- Research and Analysis of Legal Issues
McGuire & Zekaria handles residential closings for both purchasers and sellers in all five boroughs. We are also available for closings requiring our presence outside New York City (for example, Long Island and Westchester County). However, in these instances our fee structure is slightly higher. Our office is equipped to conduct all types of closings, including houses, cooperative apartments, and condominiums.
McGuire & Zekaria handles specific types of consumer rights litigation that primarily, but not exclusively, affect residential tenants. For example, if your landlord's attorney signed a rent demand or your landlord's attorney is engaging in abusive behavior, the attorney's conduct may be in violation of the Fair Debt Collection Practices Act (FDCPA).
The FDCPA is a federal statute enacted to protect consumers from unfair or abusive conduct by third party debt collectors. For more information about our innovative application of the FDCPA to tenants rights, see In the Media Spotlight.
McGuire & Zekaria has diverse experience in guardianship proceedings, including appointments as guardians or attorneys for alleged incapacitated persons, and appointments as court evaluators. Our firm also represents family members or others having an interest in such proceedings.
Both Colleen and Daphna have taken the guardianship course required under the Mental Hygiene Law. This qualifies and allows them to accept appointments as court evaluators or as guardians and attorneys for alleged incapacitated persons. We also accept appointments as a guardian ad litem in probate proceedings.
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