and he owns the land. The slab is cracking in several areas and my home is no longer level due to a cave in on the property. Is he responsible for the repairs that are needed? He also constructed a retaining wall that needs repairs.
answered on Jun 6, 2023
Dear Stony Point MHP Tenant:
Are there at least three manufactured homes on the same property? If so, your tenancy should be governed by Rent Stabilization. https://hcr.ny.gov/system/files/documents/2018/12/mfhp-program.pdf... Read more »
It's a dangerous situation and I have no hot water or cooking stove
answered on Jun 4, 2023
It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... Read more »
Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... Read more »
answered on Jun 4, 2023
Dear Brooklyn Tenant
The cooperative apartment owner isn't interested in fancy tax policies like depreciation or other methods of dealing with capital improvements in the unit. This person wants money back in his wallet and you came around to rent his apartment. He is entitled to... Read more »
My mother and I live together. The landlord would only allow one person on the lease who is my mother. My children and I are listed on an occupant list attached as a rider to the lease. She is 88 yo and wheelchair bound so I have been paying rent. All of a sudden the landlord will not accept it... Read more »
answered on May 26, 2023
The landlord does not get a market-rate apartment. If your mother is evicted, the next tenant is also rent-stabilized. So that is not what I see going on here. The lease itself likely states the landlord will accept rent only from the tenant. Do this correctly. Secure Power of Attorney and pay the... Read more »
For the past two years, I have returned the renewal lease with increases both by email and US Post. The 1st year I received a counter singed copy. The send year I have not receive the counter signed copy. When I asked for it they said they didn't receive the copy I sent in the mail. So I... Read more »
answered on May 26, 2023
Dear Brooklyn Tenant:
This would be simple if you were a Rent Stabilized tenant. Rent Stabilized tenants always have a duplicate of the lease renewal forms, their landlords keep track of tenants without returned lease renewals since that leads to an automatic lease default based on the Rent... Read more »
I wanted to lease a studio in NYC and live with my boyfriend, but since I would be paying the majority rent and my boyfriends credit isn’t great, I wanted to lease the apartment (be the sole applicant) and then take him on as a roommate/occupant. The NYC roommate law seems to say that any tenant... Read more »
answered on May 18, 2023
Dear NYC Tenant:
It is the other way around. Two tenants named as tenants on one lease are not entitled to an additional Roommate if both tenants live together. One tenant is ALWAYS entitled to the choice of a Roommate. The statute does not exclude Studio apartments.
***2. It shall... Read more »
Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise
answered on May 15, 2023
When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... Read more »
Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »
answered on May 13, 2023
From what you have said, it seems like it would be difficult to "win" a succession case in court. Although, an argument can be made that you were there as a caregiver for your mother, the problem being that when the court looks to determine succession they look for documentation such as... Read more »
Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »
answered on May 26, 2023
Dear Flushing Tenant
The NY City Housing Court has never relied on the expansive definition of 'inception,' as you suggest that it should. I could suggest that is so since the same statute offers defined absences that do not cause a break in the living together with the tenant of... Read more »
I live in a 2-bath,2-bed apartment. I have sublet to one tenants and consider future one for the last 2 months which doesn't violate the contract I signed with the apartment. However, the apartment unreasonably reject for the second sublet process. Also, can my roommate refuse to sign the... Read more »
answered on May 3, 2023
Generally, a sublease is not for a room but for the entire apartment in NYC. You already have a Roommate that is now a breach of lease since a Roommate is not a lawful occupant of an apartment when the tenant does not live there with the Roommate.
A 'Roommate' has no legal status... Read more »
I have lived here for 3 years and am aware of the 90 day notice requirement. I want to know how noticed are required, by law, to be served. Email, text, phone, mail? Please cite statute. Thank you
answered on May 3, 2023
Dear Amherst Tenant:
Thank you for your question. I may as well say you should ask the NY State Legislature why the statute does not provide any precise method for delivering the written notification. The word 'service' is not once mentioned in the 362 words of this statute.... Read more »
BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.
answered on Apr 26, 2023
First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... Read more »
I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend just told me that she thinks that this is not legal. So Now I'm wondering if that is true. Even if I signed the lease if that is not legal, am I bound to be responsible for... Read more »
answered on Apr 26, 2023
Nothing is shocking about the lease provision you described when a tenant rents an entire house not located within New York City. What would you do? Refusing to pay for the repair that your lease provides is your responsibility is a breach of the lease. Make the repair and sue the landlord in Small... Read more »
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answered on Apr 21, 2023
I agree with attorney Smollens except I do not think there's necessarily "plenty" of time if your claim is against the city. If the city is to blame, you have very little time to file your notice (90 days), and you need to discuss this with an attorney ASAP.
Does the Housing Stability and Tenant Protection Act of 2019 apply to me in any way regarding security deposits (14 days to return deposit, itemized deductions, etc.) or do the initial terms of my lease apply if I never renewed and it automatically became month-to-month? The initial terms of my... Read more »
answered on Apr 17, 2023
Dear Troy Tenant:
Your landlord is not compelled to return the tenant security deposit earlier than 14 days after you move out. You are entitled to a walk-through inspection. When you or your landlord choose to end the tenancy (month-to-month), your landlord must inform you of the... Read more »
I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?
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answered on Apr 13, 2023
You may be referring to the statute of limitations for contracts, which is 6 years. From my "Staten Island" perspective based on my Staten Island experiences (even though the NYC courts are supposed to be unified, I am not sure how it would be handled in Brooklyn), I do not think any... Read more »
I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?
answered on Apr 13, 2023
You may have the defense of “laches” in addition to statute of limitations (which incidentally has been reduced to 3 years for claims commenced after the effective date of the CCFA). Laches is fact specific: in a nutshell, you must prove by a preponderance of evidence that the landlord waited... Read more »
When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... Read more »
answered on Apr 10, 2023
You should clarify what the lease says, because in your question you indicate both that “utilities were included,” and also that the lease states that “Lessee [you] shall be responsible for… paying for all utility services required on the leased premises.” Where does it state that the... Read more »
When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... Read more »
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answered on Apr 10, 2023
Before any attorney can answer your question, they would need to see the entire agreement. Language, out of context, can be used either way. For example, what you quoted can mean that you're responsible unless it says somewhere "included in the rent." But without separate meters,... Read more »
After 50 years in the same apartment and rent up to date is he allowed to keep charging security deposit
answered on Apr 8, 2023
Dear Brooklyn Tenant
With every Rent Stabilized Tenancy lease renewal offer the mandated State form provides the table for calculations for the new rent at the tenant option of a one or two year lease as well as the required additional money necessary to balance the new rent and the... Read more »
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