O’Toole, Eileen
profile
Eileen O’Toole

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Practice Areas:

  • Administrative Law
  • Appellate Litigation
  • Residential Holdover Proceedings
  • Residential Non-Payment Proceedings
  • Supreme Court Litigation

Education

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

Bar Admissions

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

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

  • New York State Bar Association, Member
  • New York City Bar Association, Member
  • New York Women’s Bar Association, Civil Court Committee, Member

Past Positions

  • Housing Court Advisory Council