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Questions Answered by Steven Warren Smollens
2 Answers | Asked in Landlord - Tenant for New York on
Q: A Stipulation Agreement for Rental Dues, what can I do? Possible Consequences? Fearing Eviction.

My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 17, 2024

Every unit of the Housing Court has an office that will connect a tenant with the rental assistance program of Human Resources Administration. And every tenant is also entitled to a free no strings attached postponement of the initial Court Hearing date as well as a referral to a court assigned... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: How many times can you enter and exit your apartment and at what times of the day?

Neighbors think I go out too much.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 15, 2024

Dear Brooklyn Tenant:

The NY State Legislature, the New York City Council, and your lease do not control how often a tenant uses the apartment door to enter or leave the apartment or the time of day. Slamming a door on the way in or out is annoying to neighbors, but there is also no law for that.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I received a notice from my landlord stating that on Jan 1, 2024 a surcharge of 2.2% will be added to my rental bill

As the phase out period had begun in Sep of 2021. The notice stated that no back charges will be billed but that this surcharge will be required every month. When I get the rental bill, I noticed that the surcharge was actually 6.6% and when I questioned this with the management I was told that... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 14, 2024

Dear Queens Tenant:

As a practical matter, responding attorneys are not your lawyers and are not providing legal advice. You cannot be the only tenant impacted by the retroactive collection of the 2.2% surcharge. You may gather your neighbors and seek an in-person consultation at the local...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: i have lived in my apartment for 15 yrs. the apartment is part of a two family house in a residential area.

This year the lease is being revised and i was told i will no longer have access to the backyard. I have a greenhouse in the backyard and have always used the backyard. being its a two family house what are my right as to the use of the backyard? i have always had the use of it and part of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 14, 2024

Dear Huntington Tenant:

There may be several reasons the landlord decided to recover the use of the backyard and the basement. Perhaps the landlord wants exclusive use of the basement. Perhaps the landlord wants to use the greenhouse. Perhaps the greenhouse was an unlawful alteration to...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord evicted me & my children and six days later he destroyed all of our belongings, what can I do?
Steven Warren Smollens
Steven Warren Smollens
answered on Jan 10, 2024

Dear Albany Tenant:

An eviction without a court lawsuit, a judgment from a court, and a warrant of eviction is illegal in New York State and is a crime. You could have called the police right away. Now, you have only a lawsuit for an illegal eviction and will need a lawyer. You could still...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property but she did not move.

Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property. Gave her the 90 days and officially served her with a service processor. Date to vacate was December 31st. She did not move and said she does not have the funds. So we agreed on March 31st but... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 10, 2024

Dear Brooklyn Landlord:

Acceptance of rent after the end date of the tenancy creates a new month-to-month tenancy and would require a new Section 226-C written notification served by a process server.

In Kings County Housing Court, a surrender agreement is not likely to be a good...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: My building was bought at auction and I had a living agreement with my last landlord to rent now my new landlord is

Trying to take me to court to evict me. what are my rights

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 10, 2024

Dear Manhattan Tenant:

Good day. There are necessary preliminary notices you must receive from the new owner who purchased the building by auction after foreclosure. You did not mention any one of those must have received written notifications. Read the information here:...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: If landlord gets ERAP money but it covers only 15 out of 22 months worth of rent not paid by tenant, can they be evicted

I received ERAP money for 15 months (over $30,000) but the tenant still hasn't paid 7 months worth of rent nor has given me any information regarding whether they will pay or not. The tenant has not talked to me at all since I was given ERAP money nor do they respond to my calls or texts.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2024

Dear Manhattan Landlord

Then talk to your lawyer because you may have either a right to sue for nonpayment of rent in Housing Court or Civil Court depending upon the facts.

If there is no lease your right to sue for nonpayment in Housing Court may be impaired and the right to sue...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: can someone who illegally subletted their apartment evict me?
Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2024

Dear Brooklyn Subtenant

There is a form of eviction proceeding available to a tenant who sublet an apartment in breach of the lease.

Often there is a race to a verdict between the Landlord looking for an eviction of the tenant and subtext and the tenant looking for a judgment and...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: In New York, if a Marshall evicts you, what happens to the belongings

I have an eviction warrant and because of holidays marshal office said they will do eviction on Jan 2

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 2, 2024

The landlord could have paid for a full eviction so a warehouse mover would be engaged to remove your possessions after the marshal prepares a written inventory. Or locked in the apartment if the landlord did not want to pay for removal.

I don't need to say that you could have avoided...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My "landlord'' tried to raise rent an extra 500 less than 3 days before it was due and demanded I pay rent or be evicted

I moved in because my dad ( not biological but he was there since birth and raised me my entire life ) went into a nursing home and I was to take care of the house he passed away and his brother had right of survivor ship (my father signed when he was not of sound mind) and agreed to this. After he... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 1, 2024

If you received an eviction notice from an NYC Marshal that means you already lost the underlying summary proceeding, the landlord has a judgment and the court issued an eviction warrant and you will be evicted unless a Housing Court Judge signs an Order to Show Cause.

NYC Marshals do not...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: At what point in NY state does a tenant becomes a squatter after they give notice they are moving out

I have an apartment tenant who after not paying rent has made the decision to move out on their own. They have passed the final date they have given me, and I need to know at what point I can treat them as squatters and not as a tenant. I'm aware squatters rights say that once you've... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 29, 2023

Dear Albany Landlord

A tenant even when holding over after giving notice that she is moving out never devolves to the status of Squatter. Your tenant is nothing more now than a Holdover Tenant as far as housing law goes.

Here's the rough part for you. NYS law places the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: New York, NY: 4-Month Sublease for Jan. 4 - Apr. 28, 2024 Q1) As a tenant, am I entitled to prorated rent for Jan?

I.e., do I have the right to only pay for Jan 4 - 31 for my first month?

Q2) The lease is written in the form of a sublease (i.e., I rent from the Tenant). Should I ask the "Tenant" to show me his lease to prove that he's authorized by the landlord to sublet the condo to me?... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Manhattan Tenant

New York State housing does not recognize the notion of prorated rent. But just because State law does not require that every rental agreement take prorated rent into account does not prevent the landlord and tenant agreeing to do so when they make up the lease. If...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I do if the unoccupied people my tenant is keeping won't leave?

My tenant has been keeping an adult and two young children about age 6 and under for more than 2 weeks now, when they claimed they would be only staying for a few days. The current lease states that the apartment can only be occupied by those listed on the lease. They also did not provide us notice... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Port Morris Home Owner

Your lease is out of date. New York State long ago invalidated lease restrictions on the way a tenant is able to use the apartment. New York State law allows the tenant to bring into the house an unrelated adult along with the other person's dependent...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: How long on average would it take to evict a partner you've been living with for 10+ years in NYS?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Farmingdale Home Owner

There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.

If the person you described as partner is in a domestic relationship...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My roommate who is on my lease in NYC decided to move out early. Can I ask for her to now be "released from my lease"?

Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Brooklyn Tenant

Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: nonpayment vs holder over case for basement tenant nyc

i have a tenant in the basement that has not paid, i am just looking to get them out not get the money they own. Which case type is the best in this scenario?

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 25, 2023

Dear Brooklyn Tenant

Since you are not interested in rent, likely not even collectible, if the basement apartment is not legal, end the relationship with a properly served Real Property Law Section 226-C notification and follow up with a Holdover Summary Proceeding.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: After receiving a 60 day eviction notice, how long does a tenant have before receiving a court date or sheriff notice?
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 6, 2023

Do you mean a sixty-day written notification that the landlord will not renew your lease and that presents a date for you to vacate your home? If so, that is a long way from you losing the case in District Court until there is a judgment against you and a warrant. First, the sixty-day period must... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant and Municipal Law for New York on
Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction

The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 6, 2023

Dear Brooklyn Landlord:

I guess that is one of the problems with using the NYC Sheriff [https://www.nyc.gov/site/finance/about/bios/anthony-miranda.page] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook,...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi. I lost my apt a few months ago. I had nowhere to go so 6 wks ago my boyfriend (who lives in his parents finished att

attic) started sneaking me into their house. It’s connected to their living space but they hardly ever go upstairs. And since there’s a a bathroom upstairs, I only went downstairs to come and go through the side door. My rescued pigeons have also been here (parents knew) as well as any... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 19, 2023

Dear Queens Resident:

Sneaking into the house does not create any legal protection against eviction. When the homeowner discovers that you have been in the house without their permission--their attorney may very well decide you are a squatter. On the other hand, using the expression...
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