O'Toole, Eileen | Borah, Goldstein, Altschuler, Nahins & Goidel, P.C.

O’Toole, Eileen

Eileen O’Toole

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Education

Bar Admissions

Classes & Seminars

Presenter, Recent Issues in Rent Regulation, New York State Bar Association CLE (June 2018)
Presenter, “How to Deal with a TPU Audit or Investigation”, a webinar hosted by Vendome Real Estate Media, June 8, 2017
Presenter, Current Topics in Rent Regulation: High Rent Vacancy Deregulation, NYWBA Civil Courts Committee Civil Court Express Lunchtime Series, February 16, 2017, summarized in the New York Women’s Bar Association Newsletter, June 2017
Presenter, 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
Presenter, Recent Issues in Rent Regulation, New York State Bar Association CLE (June 2018).Presenter, “How to Deal with a TPU Audit or Investigation”, a webinar hosted by Vendome Real Estate Media, June 8, 2017
Presenter, New York County Lawyer’s Association CLE seminar titled “Compliance and Beyond: Current Legal, Regulatory, and Practical Issues for Multifamily Properties”, November 2016
Presenter, Vendome Real Estate Media webinar titled: “HPD Highlights: Navigating Violations to Resolution”, October 2016
Panelist, The Annual Real Estate General Counsel’s Forum, discussing due diligence in connection with purchase of rent-regulated properties, October 2014

Published Works

Author, 2019 New York Rent Regulation Checklist, a comprehensive reference guide to rent control and rent stabilization in New York State published by The Habitat Group
Editor, 2019 New York City Apartment Management Checklist, an annual reference guide to New York City building code and regulatory compliance published by The Habitat Group.
Contributing Editor, New York Landlord V Tenant, a monthly digest of Court, DHCR and OATH decisions published by The Habitat Group
“How to Avoid Violating New York City’s Expanding ‘Tenant Harassment’ Laws” was published in The New York Apartment Law Insider (Special Issue May 2018).”
” Immediately Hazardous Violations and MCI Applications“, was published in “Apartment Law Insider”, December 4, 2015.
” Avoid Triple Damages in Post-Roberts Rent Overcharge Cases“, was published in “Apartment Law Insider”, November 5th, 2015.
” Handling Disputes About Assistance Animals”, October 30, 2015 (special Fall edition).
” How To Respond To Tenants Who Pose Health or Safety Risks“, New York Apartment Law Insider (Fall 2013).
” How to Answer Tenant Requests to Add Spouse to Rent-Stabilized Lease“, New York Apartment Law Insider (Fall 2013).

Representative 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.

Professional Associations

Past Positions