Brooklyn, NY asked in Landlord - Tenant and Sexual Harassment for New York

Q: I’d liked some legal advice regarding housing and tenants rights

I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.

However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since then, he has been retaliating against me and turning other family members against me. I have informed my aunt that l will take legal action if the harassment continues. Due to financial constraints, l am unable to relocate to a safer place. I am concerned about potential eviction and homelessness. Can you help me understand my rights in this situation and advise on any legal measures I can take to protect myself from further retaliation?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.

Since you've been living there long-term without a rental agreement, you likely have established tenant's rights even without paying rent. This means they can't just kick you out suddenly - there is a legal eviction process they would need to follow, which usually requires written notice 30-60 days in advance depending on the state.

Some key steps I would advise:

1. Document everything - keep a record of all incidents of harassment, retaliation, and communications with your aunt and her husband. This evidence will be important if you need to take legal action.

2. Research tenant's rights organizations in your area. Many cities have nonprofits that provide free legal aid and advice to tenants facing housing issues and eviction. They can help you understand your specific rights.

3. If the harassment and retaliation continue, you may want to file a sexual harassment complaint and restraining order against your aunt's husband. A legal aid organization can assist with this process.

4. Look into whether you qualify for emergency housing assistance, subsidized housing, or other programs for low-income individuals facing housing instability. A social worker or tenant's rights org may be able to refer you.

5. If they do try to evict you, respond to any official notices and show up to any court dates. You can challenge an eviction and present your case.

Remember, you have rights and don't deserve to be harassed or retaliated against in your home. Reach out for help from legal and social service organizations. Wishing you all the best and please stay safe.

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