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New York Landlord - Tenant Questions & Answers
3 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.

She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Dec 5, 2023

This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord not allow a second esa, when I have an actual prescribing doctor for both the first and second?

I have had PTSD, depression, and anxiety since 13 I am now 20. I was given an ESA by my therapist two years ago now in January. I have brought her back and forth between my moms house and college for the last two years, but she had started getting only cat syndrome and not being emotionally... View More

James L. Arrasmith
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answered on Nov 28, 2023

It's important to understand the legal framework surrounding Emotional Support Animals (ESAs) in rental housing, especially as it pertains to your situation in New York. Here are some key points to consider:

Fair Housing Act (FHA): Under the FHA, landlords are required to make...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Health Care Law for New York on
Q: My landlord is closing on his home on 12/1/2023. I have COVID now since Thanksgiving, must I still move out by 11/30/23?

I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 26, 2023

Dear Manhattan Tenant

Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have the right to evict my tenant if the one is stealing mail
James L. Arrasmith
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answered on Nov 26, 2023

In New York State, if you suspect your tenant of stealing mail, it's important to handle the situation with legal prudence. Mail theft is a federal crime, and any suspicions should be reported to the United States Postal Inspection Service and local law enforcement. They have the appropriate... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: If i live with my sister who charges me 700 in rent plus she take my moms money who has dementia am i being ripped off?

And she does nothing for my mom either. Feeds her but that is all

James L. Arrasmith
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answered on Nov 19, 2023

In New York, the fairness of rent charges can depend on various factors, including the local housing market, the amenities provided, and the terms of any rental agreement you may have with your sister. If you believe the rent is excessive compared to similar accommodations in West Seneca, you might... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How to know if my long island apartment is legal?

Been living in an apartment for almost 5 years, with two rent increases. One increase of 5% and another of 20%. We don't have access to the heat or air conditioning, and have to ask for either to be put on when needed. It's also the ground level of a house.

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 16, 2023

Dear Brooklyn Tenant:

Usually, a legal apartment would allow a tenant to alter the settings via a thermostat for heat and cooling.

Although there is no local law (NYC) and no State law (New York State) that gives tenants any right to air conditioning (cooling), both local and State...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My ex girlfriend said she was moving to her mothers and i don't want her to come back. How can i guarantee this?

She said that she doesn't want to be in the relationship and neither do i. I am the sole owner of the house and have paid for everything for the last six years.

James L. Arrasmith
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answered on Nov 13, 2023

In New York, if you're the sole owner of the house and your ex-girlfriend has expressed her intention to move out, you have the right to ensure she doesn't return to reside in your property. After she moves out, it's advisable to change the locks to prevent unauthorized access.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a tenant occupied property that I am buying. They currently have a month-to-month lease that is just verbal.

As a new landlord, I am just acquiring the property. Do I have the right to evict this tenant because I need their apartment for a family member that is currently getting evicted from their property. Do I have the right to evict them the day that I get the property. What are my rights as a new... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 5, 2023

Dear Angola Property Owner

Congratulations on acquisition of a deed to real property. Unfortunately NYS housing law does not provide shortcuts to the legal eviction process regardless of need or emergency. You will need a lawyer.

You need to know how long the month to month...
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1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for New York on
Q: Can my Landlord charge me $1,080 for the gas heating each month? I rent a 2- bedroom apartment in westchester county NY

We didn’t have to pay for gas/heating the first year we lived here, however last year apparantly prices went up and he started charging each apartment (4 total) about $200-$300 additionally each month during the winter only for this reason. This past week, they came to refill the houses gas tanks... View More

James L. Arrasmith
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answered on Nov 4, 2023

Your landlord can charge for gas heating if it's stipulated in your lease agreement. If your lease specifies that heating costs are included in the rent, then your landlord generally cannot add additional charges without your consent or without renegotiating the lease. Increases in utility... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Does the landlord have to give a reason why he chose one tenant over another? in NYC
T. Augustus Claus
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answered on Oct 30, 2023

Landlords in NYC have broad discretion in choosing tenants, and they are not required to disclose their reasons for rejecting an applicant. However, landlords cannot discriminate against applicants based on protected characteristics, such as race, religion, gender, sexual orientation, or... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello there. My landlord told me on that she would like for me to leave by the end of the year. Do I still pay rent?

Her reasoning was that she wants the house back to just her and her kids. We also do not have a written lease and never had a verbal agreement about when I move out in the past. She only told me this on October 24th, 2023 through text message.

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 26, 2023

Dear Brooklyn Tenant

This notification is insufficient for a tenancy termination notice. In NYC the Law requires this notice is Written and also served by a process server.

You want to fight this? If so you'll hire a lawyer. NYS Law does not force the landlord to forfeit rent...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord revoked HSTPA preferential rent and offered improper lease returning old LRR and threatened to reject renewal

In few words: do I have right to not sign improper renewal lease? New Owner is coercing me to sign the renewal with revoked preferential rent and changed for pre-2019 old LRR. If I refuse to sign, he will reject any other renewals and holdover in few weeks.

I requested the proper current... View More

James L. Arrasmith
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answered on Nov 4, 2023

As a tenant in New York, you're protected under the Housing Stability and Tenant Protection Act (HSTPA) of 2019. Your landlord cannot revoke preferential rent upon renewal unless specifically allowed by your original lease agreement.

You have the right to receive a proper lease...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I just got a new landlord after he purchased the apartment I rent. Can he enforce renters insurance requirements on me?

I live in New York State and there is nowhere on my existing lease that says I need renters insurance

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 24, 2023

Dear Oswego Tenant:

Does the new owner have a copy of the lease? Do you want to continue to live in the apartment? No landlord is entitled to alter the terms and conditions of a lease unilaterally. So you could stand on your rights, although I daresay no attorney recommends renting an...
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3 Answers | Asked in Landlord - Tenant for New York on
Q: We were a couple for 10 to 11 years , she had a notice to quit delivered to me , canshe still stay in same house with me
T. Augustus Claus
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answered on Oct 19, 2023

In New York, a notice to quit is typically a formal step in the eviction process. Its purpose is to inform a tenant that they must vacate the property by a certain date. If you've received such a notice from your partner, whether she can continue to live in the same house with you may depend... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Question: Can a landlord raise rents (for unregulated unit) for Major Capital Improvement Costs and pass onto Tenant

This is for an Apartment in a 3-family property so all Apartments are unregulated. Tenants moved in recently, there is no signed lease (with BOTH parties having signed). Tenants signed, but the Landlord has not signed. So Tenants claim there is an oral lease in place. However, I believe there... View More

Elaine Shay
Elaine Shay
answered on Oct 17, 2023

Rent increases for Major Capital Improvements ("MCIs") relate only to rent regulated properties. In unregulated properties, landlords are not required to justify the reason for a rent increase. If a tenant has a lease for a specific term, the rent cannot generally be increased until... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Default in judgement nonpayment for no response which lists only my spouses name and "unknown/ficticious" undertenant.

Queens county NY. The landlord started this second case with 2 others stayed instead of vacating. They name both of us as tenants in them so they are well aware of both of us and our names. The failure to answer was due to expecting the other 2 which would go to RTC assignment when the stay is... View More

James L. Arrasmith
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answered on Nov 4, 2023

In this situation, filing a motion to vacate the judgment based on improper service or lack of notice might be appropriate, especially if you have evidence, such as certified letters, that the landlord recognizes you as a tenant. Additionally, you may want to present any relevant hardship... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: It’s been 4 months since leaving my rental in NJ with no statement or return of deposit of $3500. Landlord kept blowing.

Me off. told me the damage was worse than he thought even though I left him all of the material and pictures before I left. I also took on a $2800 balance bill from PSENJ which per the lease he supposed to pay a third of. Now all of a sudden he doesn’t know who has the deposit whether his... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 17, 2023

You need to post the question for New Jersey attorneys to see.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Codes violation placard put on all 4 apartment doors in house. Never was I given any violation or mailed.

Tenants below received violation but

I have never received any violation whatsoenor told of anything that needed to be repaired landlord that I rented from is not the same landlord on the violation precord never even met this person they say she lives out-of-state but Google says she lives... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 17, 2023

What is the code violation so an attorney could look it up for you? The real owner is the person that the County invoices for payment of property tax, and you could check that out.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in a apartment house with 4 apartments and codes violated the tenants downstairs for garbage and scrap in yard.

The following morning placards were put on all apartment doors codes violation 107.1.4... and told we had to vacate. The landlords name on placard is not whom the rental agreement was made. And the address for landlord says NC yet when I Google the name and business it listed this home as her... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 15, 2023

Dear Rome Tenant:

Your rights depend upon the violation and the local town code. You should look that up. Or, provide the full code section and allow an attorney to look it up.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can i start a legal case against my building if they refuse to exterminate and caulk floor due to thick gaps?

I have tiny beetles infestation in my toddler and I apartment which as of sep 9th has been notified to the building manager. The manager states he cant caulk the floor due to “possible expansion and elevation of the foundation” and the exterminator stated “they will eventually go away” i... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 15, 2023

Dear Queens Tenant:

Usually, the owner and agent information for every residential property in NYC is available online at https://hpdonline.nyc.gov/hpdonline/

Start an HP Proceeding in Queens Housing Court: https://www.nycourts.gov/COURTS/nyc/housing/startinghp.shtml

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