Mooresville, NC asked in Landlord - Tenant for New York

Q: How long would it take a landlord to evict two individuals who are disabled.

They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new lease agreement to sign and start paying rent and must vacate the end of March. So they paid Februarys rent. Since January one of the tenants have been in and out of the hospital with heart issues the other tenant has seizures do to a head injury long ago. They have searched for housing and consulted with social services about getting housing. No luck!, No money! what is their legal stand?

I am a sister to one of the tenants trying to get information for them.

Thanks

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: New York State housing law does not have any specific protection for disabled residents in relation to eviction.

But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days before the last day of the tenancy. Starting a lease after doing so forces the landlord to serve a new ninety days advance written notification of the end of the tenancy.

The tenants need a local lawyer to protect their rights especially when the landlord starts the eviction proceeding.

Local offices of social services should be contacted because the two disabled persons will need new affordable housing.

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