New York Real Estate Lawyer
Real Estate Law for Every Corner of New York
From New York City rent-stabilized buildings to upstate investment properties, Seraj Law provides statewide real estate counsel grounded in New York's Real Property Law, RPAPL, and the Housing Stability and Tenant Protection Act.
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Understand your transaction
Property Risks in New York
New York real estate law is among the most complex in the country — layered with state statutes, local regulations, rent stabilization rules that apply far beyond New York City, and a court system that varies significantly by county. A misstep in the eviction process, a missed disclosure obligation, or an overlooked lease provision can cost landlords, buyers, and investors dearly.
Real Estate Law in New York State
New York is one of the most active real estate markets in the world and one of the most legally complex. The state’s Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), the Multiple Dwelling Law, the Housing Stability and Tenant Protection Act of 2019, and the new Good Cause Eviction Law together create a regulatory environment that rewards careful preparation and punishes shortcuts. Whether you are a landlord managing upstate rentals, a buyer navigating a Manhattan co-op purchase, or an investor acquiring commercial property in Buffalo or Syracuse, the same bodies of state law govern your transaction — applied through local court procedures that vary significantly by geography.
Seraj Law serves owners, landlords, and buyers across New York State from our Albany office, with the Capital Region as our home base, and we advise on matters in other counties as well.
Seraj Law, PLLC provides real estate legal services across New York State. Our attorneys bring first-hand knowledge of both the transactional side — closings, contracts, due diligence — and the dispute side — evictions, lease enforcement, DHCR proceedings, and partition actions. Ahmad H. Seraj’s background as a real estate investor gives clients a lawyer who understands what is actually at stake in a deal. Saahir A. Seraj’s service as a Deputy Corporation Counsel for the City of Troy provides direct experience with how municipalities interact with private real estate — a significant advantage on land use, code enforcement, and publicly adjacent transactions.
Step 2 of 5
Know the market and the law
Real Estate Counsel Statewide
Seraj Law brings statewide knowledge and transactional experience to New York real estate matters. Ahmad H. Seraj's background as a business and real estate investor and Saahir A. Seraj's experience as a former municipal attorney give clients both deal-making skill and litigation-ready counsel rooted in how New York property law actually works.
The Legal Framework Governing New York Real Estate
New York Real Property Law (RPL)
The Real Property Law is the foundational statute for real estate transactions and ownership in New York. It governs deed requirements (RPL § 258 and § 266), landlord obligations regarding habitability (RPL § 235-b), tenant rights to quiet enjoyment, and the requirements for recording instruments with county clerks. RPL Article 9-B governs condominium ownership and the offering plan process. RPL Article 6-A governs the Property Condition Disclosure Statement that residential sellers must provide.
Understanding the RPL means understanding the rights and obligations that attach to every property transaction in the state — regardless of location.
RPAPL: The Eviction and Foreclosure Statute
The Real Property Actions and Proceedings Law is the procedural statute for summary eviction proceedings, mortgage foreclosure actions, and actions to quiet title. RPAPL Article 7 governs summary proceedings — the mechanism landlords use to remove non-paying or holdover tenants. It establishes notice requirements, petition form requirements, and the hearing process that applies statewide.
Courts across New York apply RPAPL Article 7, but local court rules, courthouse practices, and judicial temperament vary considerably. A landlord who prevails on an RPAPL petition in Albany City Court follows a materially different post-hearing process than a landlord who prevails in Brooklyn Housing Court. Knowing those local differences is as important as knowing the statute.
The Housing Stability and Tenant Protection Act of 2019 (HSTPA)
The HSTPA fundamentally restructured landlord-tenant law across New York. Its provisions include:
- Security deposit limits: No more than one month’s rent for any residential tenancy, regardless of rent amount (GOL § 7-108)
- Notice requirements: Landlords must provide written notice before raising rent more than 5% or declining to renew a lease — with 30, 60, or 90 days’ notice depending on tenancy length
- Late fees: Capped at the lesser of $50 or 5% of monthly rent; no late fee unless rent is more than five days past due
- Lease renewal rights: Landlords of rent-stabilized properties must offer lease renewals except for qualified exceptions
- Renovation deregulation: Eliminated high-rent deregulation and high-income deregulation for rent-stabilized units
These provisions apply across the state wherever rent-stabilized units exist, and the notice requirements for non-stabilized units apply statewide.
Good Cause Eviction Law (2024)
Enacted in April 2024 as part of the state budget, New York’s Good Cause Eviction Law (RPL § 231-b) represents the most significant shift in landlord-tenant law since the HSTPA. Outside of New York City, the law applies in municipalities that have not opted out. The law:
- Requires landlords to have a qualifying reason (“good cause”) to refuse a lease renewal or to evict a tenant who has paid rent
- Limits annual rent increases to 5% plus CPI (or 10%, whichever is lower) for covered units
- Creates a rebuttable presumption of retaliation if a landlord commences an eviction proceeding within one year of a tenant complaint
- Exempts certain property types: owner-occupied buildings with four or fewer units, newly constructed buildings for a 30-year period, and seasonal rentals
Property owners across upstate New York who previously operated outside the rent stabilization framework now face meaningful constraints on lease non-renewal and eviction. Understanding whether your property is covered — and navigating the opt-out landscape for your municipality — requires current legal counsel.
Upstate vs. Downstate: Why Location Matters Even Under State Law
New York’s geographic and economic diversity produces real differences in how state real estate law operates in practice.
Rent stabilization applies automatically in New York City to buildings with six or more apartments built before 1974 (and to newer buildings receiving specific tax benefits). Outside the city, rent stabilization requires a municipal opt-in under the Emergency Tenant Protection Act. Owners of properties in Westchester, Nassau, and Rockland counties may be subject to DHCR regulation and rent-overcharge liability. Owners of properties in Albany County are generally not subject to rent stabilization — but the Good Cause Eviction Law now applies there unless Albany County opts out.
Court procedures for eviction differ significantly. New York City’s Housing Court has a specialized bench, a robust tenant advocacy presence, and administrative procedures designed for high volume. In contrast, upstate landlords litigate summary proceedings in local courts where the same judge may hear criminal, civil, and housing matters. Preparation and presentation matter more in forums where judges encounter housing law less frequently.
Commercial real estate practice varies similarly. New York City commercial transactions involve complex co-op board approvals, air rights, density bonuses, and ULURP land use procedures. Upstate commercial transactions more commonly involve questions of environmental contamination, agricultural land conversion, and municipal economic development incentives — different legal terrain requiring different expertise.
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Walk through the deal
What Seraj Law Handles Statewide
Eviction and Summary Proceedings
Seraj Law represents landlords and property owners in RPAPL Article 7 summary proceedings across New York State. We handle non-payment petitions, holdover proceedings, nuisance cases, and illegal-subletting matters. Our representation covers the full arc: from drafting the initial predicate notice through the hearing and, when necessary, enforcement of the warrant of eviction.
We are also familiar with the Emergency Rental Assistance Program (ERAP) framework and the procedural stays it creates, as well as the Good Cause Eviction Law’s effect on the grounds available to sustain a holdover proceeding.
Landlord-Tenant Disputes
Not every landlord-tenant conflict becomes an eviction. Disputes over security deposits, lease violations, habitability obligations, and rent overcharges require their own legal strategies. We represent both landlords and tenants in these matters, including proceedings before the Division of Housing and Community Renewal (DHCR) for rent overcharge and service reduction complaints.
Residential Transactions
In New York, residential real estate closings require attorney representation at the closing table — and attorney review of the purchase contract before signing is the standard of practice. Seraj Law handles residential purchases and sales statewide, including the specific complexities of co-op transactions (proprietary lease review, board package, board approval), condominium purchases (offering plan review, sponsor representation), and single-family or multi-unit residential transactions.
We pay particular attention to title issues, existing liens, open permits, and the New York State transfer tax obligations (RPL § 1402) that affect every residential closing. New York imposes a real property transfer tax on all conveyances of real property, with additional transfer taxes applying to transactions above certain thresholds in New York City.
Commercial Real Estate
Commercial real estate transactions require sophisticated due diligence and careful documentation. Seraj Law handles commercial purchase and sale agreements, commercial lease negotiation and review, zoning and land use analysis, and environmental due diligence coordination. Ahmad H. Seraj’s background as a business owner and former GE Tax & Finance professional brings financial rigor to commercial deal analysis that strictly legal training does not always provide.
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Work with Seraj Law
Why New York Real Estate Requires Experienced Legal Counsel
The combination of the HSTPA, the Good Cause Eviction Law, RPAPL procedural requirements, and local court variation makes New York real estate law unusually demanding. A notice served one day late, a petition missing a required allegation, or a lease renewal handled without the required advance notice can each collapse an otherwise valid legal position. Working with attorneys who practice regularly in this area — not as a sideline — is the practical protection that property owners and buyers need.
Seraj Law is available for statewide real estate matters. We offer a consultation to evaluate your situation and provide a clear assessment of your options and costs before any engagement begins.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Seraj Law, PLLC. Please contact our office to discuss the specific facts of your situation.
Frequently Asked Questions
Does New York's Good Cause Eviction law apply outside New York City?
Yes. New York's Good Cause Eviction Law (RPL § 231-b), enacted in April 2024, applies statewide to most unregulated rental units — including upstate properties — unless the municipality has opted out. Landlords must now demonstrate a qualifying reason to refuse lease renewal or to evict a tenant who pays rent. Local opt-outs apply to some municipalities but not all.
What is the difference between Housing Court and regular civil court for evictions in New York?
New York City has dedicated Housing Courts with specialized judges and procedures. Outside NYC, summary eviction proceedings under RPAPL Article 7 are handled in local City Courts, Town Courts, or Village Courts, depending on property location. Statewide, the procedures share the same statutory foundation but local practice varies considerably by county.
Is rent stabilization limited to New York City?
No. While New York City has the largest rent-stabilized housing stock, rent stabilization also applies in other counties — including Westchester, Nassau, and Rockland — when a municipality opts into the Emergency Tenant Protection Act. Albany County is not currently opt-in, but owners of properties in downstate suburban counties can face DHCR registration and overcharge exposure even outside the five boroughs.
What disclosures must a seller make in a New York residential real estate transaction?
Under NY Real Property Law § 462, sellers of one-to-four-family residential properties must provide a Property Condition Disclosure Statement covering the property's physical condition, environmental hazards, structural elements, and utility systems. Sellers who fail to provide the disclosure owe the buyer a $500 credit at closing. Disclosure does not substitute for a professional inspection.
Do I need a lawyer for a residential closing in New York?
While New York doesn't legally require buyers to hire attorneys for residential real estate transactions, doing so represents standard practice and provides essential protection. Unlike many states where title companies handle closings, New York transactions typically involve attorneys representing both buyers and sellers. A real estate lawyer reviews your purchase contract, negotiates terms, examines title reports, explains all documents you'll sign, ensures proper transfer of ownership, and addresses any problems that arise before closing. The relatively modest cost of legal representation pales in comparison to the risks of proceeding without counsel when making such a significant investment.
How long does a real estate deal usually take in New York?
Transaction timelines vary considerably depending on the type of property, financing requirements, and whether complications arise. Typical residential purchases with mortgage financing close within 60 to 90 days from contract signing, though cash purchases can close more quickly. Cooperative apartment purchases often take longer due to board approval processes, sometimes extending to four months or more. Commercial transactions generally require more time for due diligence and financing arrangements, often taking three to six months. Development projects and complex commercial deals can extend over a year or longer. Your attorney can provide more specific timeframes based on your particular transaction.
What are my rights if a co-op board rejects me?
Cooperative boards in New York maintain broad discretion to reject potential buyers, and they're not required to provide reasons for their decisions. This makes challenging rejections difficult. However, boards cannot discriminate based on race, religion, national origin, sex, disability, familial status, or other protected characteristics. If you believe rejection resulted from illegal discrimination, you may have grounds to challenge the decision or pursue legal action. Boards also cannot act arbitrarily, capriciously, or in bad faith. An attorney can review your situation, advise whether you have viable claims, and discuss options that might include reapplying, negotiating with the board, or pursuing legal remedies.
How much does hiring a real estate lawyer in NY cost?
Legal fees for real estate matters vary based on transaction complexity, property value, and whether issues requiring additional work arise. Residential purchase or sale closings are often handled for a flat fee, while commercial deals might be billed at either a flat or hourly rate, depending on the transaction itself. Note that unexpected issues such as title defects, disputes, or additional negotiation beyond the standard scope can often raise the cost of hiring a lawyer, so you want to speak with someone who considers these factors during the initial consultation. Attorneys should provide clear information about their fee structures and estimated costs for your specific matter.
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