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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: How can I stop relocation charges from HPD when I fixed my violations? I am being charged for tenants living at shelter.

Hello, I need some assistants as landlord who have been facing relocation charges from HPD for almost about a year now. I need help as a way out of this. HPD has been uncooperative and unwilling to help. I got a violation last year in February from DOB, a vacate order. Which has been fixed and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 19, 2024

Dear Brooklyn Property Owner:

Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.

See for example:...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: In NYS do veterans with kids have certain protections from evictions. Specifically when said owner wants to move back in

It's a very messy case or will be. The owner has been in and out of jail and rehab. There were lead paint issues he didn't disclose I had to remedy. There have many other things I had to fix or repair to make it livable. Owner's parents are stating they are said owners p.o.a.. The... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

This question requires insight into our modern government in the early 2020s. Reliance on veteran status is dangerous.

Our historic governmental structures of a representative law writing body with a judicial system that treats everyone equally has been radically altered. It is not yet...
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0 Answers | Asked in Landlord - Tenant for New York on
Q: I need to a ask a question regrading housing

Lease agreement termination

0 Answers | Asked in Landlord - Tenant for New York on
Q: What's the difference of a project based subsidy vs a tenant based section 8 voucher?

I was told if I didn't sign a relinquish form wasn't going to get senior citizen apartment.

0 Answers | Asked in Landlord - Tenant for New York on
Q: My son let a friend stay in his house owned by his father. She left 5 days ago but refuses to pick up her clothing.

The house is located in Port Chester NY. How should we procede?

1 Answer | Asked in Landlord - Tenant for New York on
Q: What is a relinquished tenant based voucher?

Living in Nycha 42 years they stated I must sign a Relinquish form.

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear NYCHA Tenant:

You will need to show that form to a lawyer. There is no form with that description at https://www.nyc.gov/site/hpd/services-and-information/section-8-forms.page

1 Answer | Asked in Landlord - Tenant for New York on
Q: In NY is a tenant only legally required to keep a minimum amount in renters insurance?

Tenant is a senior citizen. Old lease did not require renters insurance

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Huntington Station Tenant:

New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy....
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 29, 2024

Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict a tenant without a judge overseeing it Does a stipulation of settlement have to be signed by a jud

I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Amenia Tenant:

You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746

You made a deal to move out in...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord force a house inspection in less than a wk on me? Then threaten to change the locks just to get in do It

What if I’m not home, can he just come inside?

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 22, 2024

Dear Oceanside Tenant

Threatening to change the locks likely is a crime in NY and the NYS Unlawful Eviction statute would police to arrest

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello my name is Shariff I moved into my apartment December 21st of 2023 I found out I had a gas leak April 18th

Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I accept the payout from my landlord without going to court or notifying HPd

And if yes how much payment should I take from him

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Brooklyn Tenant:

New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My Apartment is refusing to sign my lease or accept rent. Now they are suing me in civil court for all the fees and rent

How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear Manhattan Tenant:

I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I rented an apartment for my daughter full time and myself whenever I was in NY. The one year lease expired October2023

I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?

James L. Arrasmith
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answered on Apr 16, 2024

Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:

1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I need my roommates approval for a new roommate if I've already received confirmation from the landlord it's okay?

I will be breaking my lease and am responsible for finding the new tenant.

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 13, 2024

Dear Brooklyn Tenant:

Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?

All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the...
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1 Answer | Asked in Landlord - Tenant and Sexual Harassment for New York on
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... View More

James L. Arrasmith
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answered on Apr 16, 2024

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,...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Would people who were invited by the owner to live on a property, but don't pay rent or have a lease be squatters?

So the house that the "tenants" in, is on the same property/lot as the property owners house.

The "tenants" were invited to live there, by the owner in exchange for a service.

The terms of the service were a verbal agreement by both parties.

The... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 6, 2024

Dear Batavia Home Owner:

You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real...
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1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for New York on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord install a video only camera inside a boiler room if the boiler room is inside the tenant’s apartment ?

Tenant has access to the boiler room. The lease states no items whatsoever inside boiler room . There is signage in the boiler room stating the same . I have a hi end machine inside the boiler room that I would like to monitor via camera only ( no voice )

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 3, 2024

Dear Manhattan Landlord

How is this possible? No tenant is allowed to inhabit a boiler room and no habitable dwelling may surround a boiler room. Before you add a video camera into this likely illegal housing situation contact an architect who may determine the legality of the apartment....
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