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Q: Facing non-payment petition due to unresolved rent arrears and lack of formal rent increase notification. What should I do?
I have an EHV voucher under NYCHA and reside in a two-bedroom unit in the Bronx, NY. I signed a two-year lease in February 2024 with a contract rent of $2,463, with my NYCHA tenant portion being $1,994. As it's a tax credit unit, the landlord shouldn't charge this amount. In October 2025,... View More 
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York landlord-tenant attorney with 27 years of practice on Long Island.
In a New York nonpayment case, the landlord has to prove you actually owe the rent it is claiming, and if you were never given a proper rent-share determination and the ledger is inconsistent, those are real... View More
Q: Can I get my rent back for mold issues ignored by landlord in NY?
I have been living in a house with a mold infestation in New York for five years. Despite multiple attempts to contact my landlord, they have taken no action to address the issue. I have documented communication with the landlord regarding the mold problem. My son and I have also experienced... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York landlord-tenant attorney with 27 years of practice on Long Island.
Yes, a landlord's failure to fix a serious, documented mold problem can entitle you to a rent abatement, meaning a reduction or partial return of rent for the period the apartment was not fit to live in,... View More
Q: Do I have to install a new drain pipe as directed by town?
I live in Buffalo, New York, and recently received a letter from the Town of Hamburg stating that I must dig up my yard and install a new drain pipe. My question is, do I have any legal rights to refuse complying with this directive? The letter did not specify the reasons for the new drain... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York real estate attorney with 27 years of practice on Long Island.
You generally cannot simply refuse a municipal directive like this, but you are entitled to know the legal authority behind it and to challenge it through the right channel before you dig up your yard. A town... View More
Q: Can a path of egress be used as a parking spot in NY?
In a residential area in New York, can a path of egress legally be used as a parking spot if it's encouraged by the HOA? I'm concerned about potential safety and legal implications, and I'm not aware of any previous disputes on this issue. Could this have consequences on emergency... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York real estate attorney with 27 years of practice on Long Island.
No. A required path of egress generally cannot be converted into a parking spot, and the fact that the HOA encourages it does not make it legal. Egress paths exist because the fire and building codes require a... View More
Q: Can I prevent the sale of our home if both names are on the title?
I live in New York, and my wife wants to sell our home, but I do not agree. I pay all the mortgage payments, and the mortgage is in my name alone. However, both our names are on the property title. There have been no prior agreements or legal discussions about the property. What are my rights in... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York real estate attorney with 27 years of practice on Long Island.
If both of your names are on the deed, your wife cannot sell the house without you, period. A co-owner cannot force the whole property onto the market or convey clean title alone. Paying every mortgage payment... View More
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