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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Building is J51 on HPD; all tenants have Preferential rent as only Legal Rent, but my apartment is 421a with concessions

I am a few dozens years tenant, years on SCRIE.

Apparently situation is the revoked Preferential Rent ( after 2019 Act). In my renewal lease now is High Old LLR, though it was HSTPA change in 2020/2021; my bills are reversed to High Rent with Concessions. I researched Neighbours: all of... View More

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

Dear Tenant

Something seems wrong with the underlying facts. The J51 should have expired. https://www.nyc.gov/site/hpd/services-and-information/tax-incentives-j-51.page#:~:text=Benefits%20granted%20include%3A,get%20the%2014%2Dyear%20exemption

Consider consulting an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can semantics stop a landlord from threatening eviction based on unproven accusations?

I live in NY where marijuana is recreationally legal. Our complex has a no smoking rule for inside the apartment, on the balcony, and we must be outside 15ft from the building—cigarettes and marijuana. We have older neighbors that have complained of the smell 3 times now. We are NOT smoking in... View More

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

No. Your landord will not rely on the mass distributed notification to tenants. This is nothing more than a reminder, not a predicate notice required by a lease such as a Notice to Cure.

1 Answer | Asked in Landlord - Tenant for New York on
Q: New York State. Living in apartment after14 day notice. Petition hearing next week. Will partial pay cancel process?

New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end... View More

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

Dear Ulster County Tenant

Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.

Landlord and Tenant practices vary widely across the State even within the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: NY state -- can my mom terminate the lease she shared with my dad, who recently passed away? Only his signature is on it

Does NY state allow early termination of a lease in the event of the death of the immediate family member who had signed the lease? My mom did not sign it, though she is listed as an occupant

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Yes. There is a statute. It is five days old today. It became effective February 15, 2024:

* § 236-a. Termination of lease of a deceased tenant. Notwithstanding

any contrary provision contained in any lease hereafter made or renewed

which affects premises demised for...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?

I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?

T. Augustus Claus
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answered on Feb 7, 2024

In New York City, a landlord can technically charge rent from the 1st of February if that's what your lease agreement stipulates, regardless of your move-in date being the 15th of February. However, lease terms, including the start date of your tenancy and when rent is due, should be clearly... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my friend won't leave my apt

I let my friend stay in my apt for 8 months while out of town, now I'm back and she won't leave, she moved her stuff in. There is no lease with her, I'm the only one on the apt lease and I refuse to be homeless. When I move back in, we'll just have to deal with housing court... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2024

I gather that this apartment is your primary residence, you have a current lease, you pay the landlord rent for the apartment, your landord did not charge you for a lease violation [sublease or assign without permission], the apartment has space for two unrelated adults to have private sleep and... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More

T. Augustus Claus
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answered on Feb 6, 2024

In New York, removing an ex-girlfriend from a home you own, where she has been living without a formal lease agreement, can be complicated, especially when she refuses to leave voluntarily. Given that she has resided in the home for over a year, she is likely considered a "tenant at will"... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: We are 65 & 70, on a wait list for a senior housing complex. Will we be penalized if we break our current lease?

We don't want to go month-to-month on our current lease, as it increases our rent by about $500 per month. If we re-sign our lease, but a unit becomes available in the senior housing complex, can we break our existing lease without penalty?

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

Dear Rochester Tenant

How is it possible that the rent will increase $500/month? New York State law says that when a tenancy goes month to month the rent remains exactly the same as the rent paid before the lease ran out.

Moreover in New York the landlord must propose a new lease...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Received an email from a lawyer representing my previous 2 tenants demanding 11.500 for punitive damages & overcharge.

My 2 previous tenants together are demanding 11.500$ for overcharge, security deposit, and punitive damages. They broke the roommate agreement and breached the contract of their stay, moving out prematurely. They’re claiming my property is rent stabilized - when in fact is not. They’re... View More

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

You probably should share your former tenants lawyer's letter with an attorney along with the lease agreement with those tenants and the rent ledger. Often an attorney could quickly determine whether or not there is potential jeopardy.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have been a hotel tenant for 1 year and 3 months now. I would like to know if that Winter Moratorium went in effect.

It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.

https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a HUD-VASH voucher owner. My landlord increased my rent $107 above fair market and months before my lease expires.

There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Albany Veteran:

No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.

https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a rental lease expire or terminate upon the final walkthrough being completed and the landlord collecting the keys?

My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Pen Yan Tenant:

Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord & i are in court for non payment. My lease ends next month. Can my landlord refuse to renew my lease?

if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.

2 Answers | Asked in Landlord - Tenant for New York on
Q: One-year lease states Landlord will pay for all utilities. Two months left in lease, now she requires 30% utils. Legal?

She just sent me an addendum to lease today, which I did not sign, requiring I pay 30% of utilities for the remaining two months of the lease. Original lease specifies that Landlord will pay all utilities for the duration of the lease.

James L. Arrasmith
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answered on Jan 22, 2024

Under New York law, a landlord cannot unilaterally change the terms of a lease agreement before its expiration. If your lease clearly states that the landlord is responsible for paying all utilities for the duration of the lease, they are generally bound by this agreement until the lease ends.... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord sell a tenant's personal belongings that were left behind?

My partner and I recently separated and they left behind a few relatively expensive things, such as snow tires, a plow for their truck, and some furniture. My landlord keeps mentioning putting the items up for sale but neither myself or my landlord have a way of contacting the ex anymore as they... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

No. No New York law allows a landlord to sell a former tenant's left-behind personal property.

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord lives above me and makes excess noise daily. I have complained several times. They’ve acknowledged the noise

And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More

Roland Godfrey Ottley
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024

I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.

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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 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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