Eileen O'Toole

Telephone: (212) 431-1300 Ext. 435
Facsimile: (212) 965-2744
View vCard

Eileen O'Toole, a partner in the Firm's Administrative Division, has extensive experience representing owners before the State Division of Housing and Community Renewal (DHCR) as well as in all phases of landlord-tenant litigation, from initial notice through appeal. She also counsels owners and prospective purchasers performing "due diligence" on compliance with rent-stabilized leasing and registration requirements.

Ms. O'Toole writes or edits a number of publications of interest to property owners, managers and real estate attorneys, has lectured on rent regulation for NYU's Real Estate Institute, and has served on the Housing Court Advisory Council.

Notable Decisions

Ms. O'Toole represented owners in the following notable cases:

  • St. Margaret's House HDFC v. Hope, Index No. L&T102744/06 (Civ. Ct. N.Y. Co.), app denied 26 Misc.3d 137(A)(App. T. 1 Dept. 2010), lv app denied Cal. No. M-2715 (App. Div. 1 Dept. 2010). Tenant prone to violent outbursts was evicted after violating a probationary agreement to refrain from objectionable conduct.
  • 721 Ninth Avenue, LLC v. DHCR, 8 A.D.3d 41 (1st Dept. 2004). The Appellate Division reversed DHCR's determination that two adjoining buildings constituted a horizontal multiple dwelling subject to rent stabilization.
  • Berman v. Keeton, 285 A.D.2d 461 (2d Dept. 2001). The Appellate Division reversed a lower court ruling and held that a DHCR Certificate of Eviction was not required before commencing an eviction proceeding against a rent-controlled tenant based on nonprimary residence. .

Publications

  • Contributing Editor, Landlord v. Tenant: NYC (Vendome Group), a monthly digest of Court, DHCR and ECB decisions.

Presentations

  • Ms. O'Toole presented on "How to Deal with a TPU Audit or Investigation", at a webinar hosted by Vendome Real Estate Media, June 8, 2017.
  • Ms. O'Toole presented on Current Topics in Rent Regulation: High Rent Vacancy Deregulation. The event was part of the NYWBA Civil Courts Committee Civil Court Express Lunchtime Series, February 16, 2017.
  • Ms. O'Toole - The New York Association of Realty Management Expo, Ms. O'Toole presented on "DHCR Updates: Current Legal, Regulatory, and Practical Issues for Multifamily Properties" and "Preparing for rent overcharge complaints in DHCR and Housing Court", December 6, 2016.
  • Ms. O'Toole presented at a New York County Lawyer's Association CLE seminar titled "Compliance and Beyond: Current Legal, Regulatory, and Practical Issues for Multifamily Properties", November 2016.
  • Ms. O'Toole presented at the Vendome Real Estate Media webinar tiled: "HPD Highlights: Navigating Violations to Resolution", October 2016.

  • Ms. O'Toole participated as a panelist at The Annual Real Estate General Counsel's Forum, discussing due diligence in connection with purchase of rent-regulated properties, October 2014.

Practice Areas

Education

  • Boston University School of Law, J.D. - 1983
  • New York University, B.A. - 1980

Bar Admissions

  • New York - 1984
  • U.S. District Court, Eastern District - 1987
  • U.S. District Court, Southern District - 1987

Bar Affiliations

  • New York State Bar Association
  • New York City Bar Association