Q: Landlord received ERAP payment in May 2022 and started sending eviction papers and wants me to pay for legal service?
My landlord received ERAP payments in May 2022. They began sending me eviction papers through September 2022. I asked them to please stop sending me this paperwork because it's illegal to do so once they receive ERAP payments. The papers only stopped around September when I appealed to ERAP about my situation, and spoke to management more than 10 times on the phone to please stop sending me eviction paperwork.
My landlord is now using this and my disability against me to
1) claim legal service fees from June - August 2022 which total up to more than $400
2) send me a 90 day non-renewal as soon as ERAP protection period ended in May 2023
My landlord continues to say such:
In terms of the legal fees, the following invoices totaling $450 are for work performed in August/July, before her appeal in September 2022 and after the initial May 2022 ERAP payout. These charges can stay on her account.
Is this legal?
A:
Dear Manhattan Tenant:
It seems as though your landlord operates above the law. If all landlords acted as required by law, there would be far less work for tenant attorneys.
No matter what the landlord threw into the lease, it is the law in this jurisdiction that a landlord may NEVER claim a tenant owes legal fees unless a court has already decided Legal Fees in favor of the landlord in a lawsuit where the landlord is the prevailing party. EVERY landlord lawyer knows the landlord cannot simply pass on its invoices for legal services to the tenant and expect that the tenant will pay.
No matter what the landlord threw into the lease, it is the law in all NY State that legal fees, late charges, damages, repair costs, and so on are NOT Rent that the landlord could claim owed as unpaid in a landlord and tenant court proceeding. The legal definition of Rent excludes anything other than the monthly rent as stated in the lease:
"...Section 702 - Rent in a residential dwelling 1. In a proceeding relating to a residential dwelling or housing accommodation, the term "rent" shall mean the monthly or weekly amount charged in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement..." [https://casetext.com/statute/consolidated-laws-of-new-york/chapter-real-property-actions-and-proceedings/article-7-summary-proceeding-to-recover-possession-of-real-property/section-702-rent-in-a-residential-dwelling#:~:text=].
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
