Facsimile: (212) 965-2744
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.
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.
Ms. O’Toole’s recent presentation on rent regulation caselaw at a Civil Court Committed program was summarized in the New York Women’s Bar Association Newsletter, June 2017.
- “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).
- Contributing Editor, Landlord v. Tenant: NYC (Vendome Group), a monthly digest of Court, DHCR and ECB decisions.
- Commentary Editor, New York Landlord Tenant Law (the “Tanbook“)(LexisNexis), the annual deskbook summarizing state and local landlord-tenant law.
- Editor, Apartment Management Checklist (Vendome Group), an annual reference guide to NYC building codes compliance.
Ms. O’Toole has appeared as a presenter or panelist to speak on rent regulation and landlord-tenant issues, including:
- 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.
- Administrative Law
- Appellate Litigation
- Residential Holdover Proceedings
- Residential Non-Payment Proceedings
- Supreme Court Litigation
- Boston University School of Law, J.D. – 1983
- New York University, B.A. – 1980
- New York – 1984
- U.S. District Court, Eastern District – 1987
- U.S. District Court, Southern District – 1987
- New York State Bar Association
- New York City Bar Association
- New York Women’s Bar Association-Civil Court Committee