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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 
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.
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?
answered on Feb 17, 2024
Dear new New York Tenant:
New York residential leases do not necessarily require the lease term commencement date to coincide with the day the landlord will allow you to occupy the apartment. If you accepted a lease and a rental period starting on February 1 with an occupancy date of... View More
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?
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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
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
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
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
answered on Feb 7, 2024
There is a path to take but you will require an attorney. You and your attorney will decide how to describe the legal status of the Ex you allowed to live in your home. Likely after so much time and after abandoned attempts to get to a judge you may require Real Property Law Section 226-C written... View More
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
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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
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?
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... View More
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.
answered on Jan 22, 2024
Dear Locust Valley Tenant
Of course your landord does not possess a legal right to alter the terms of the tenancy during a lease.
But New York housing law allows the landlord to shelve the current agreement. If the tenant refuses to accept new terms the landlord is able to use a... View More
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.
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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
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
answered on Jan 26, 2024
If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More
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
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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... View More
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
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.
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
answered on Jan 21, 2024
Dear Centereach Tenant
You must take into account that you reside in a community that does not afford much protection for tenants from a landlord choosing to not renew a lease or a tenancy. Generally Harassment is not recognized as a cause of action against a landlord beyond NYC Housing... View More
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
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
Neighbors think I go out too much.
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answered on Jan 15, 2024
In New York, as in most places in the United States, there are no legal restrictions on how many times you can enter or exit your own apartment. Your right to freely come and go from your residence is part of your basic rights as a tenant or homeowner.
The concerns of your neighbors, while... View More
Neighbors think I go out too much.
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.
As the phase out period had begun in Sep of 2021. The notice stated that no back charges will be billed but that this surcharge will be required every month. When I get the rental bill, I noticed that the surcharge was actually 6.6% and when I questioned this with the management I was told that... View More
answered on Jan 14, 2024
Dear Queens Tenant:
As a practical matter, responding attorneys are not your lawyers and are not providing legal advice. You cannot be the only tenant impacted by the retroactive collection of the 2.2% surcharge. You may gather your neighbors and seek an in-person consultation at the local... View More
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
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... View More
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answered on Jan 12, 2024
In New York, if a landlord failed to collect the 421a Surcharge at the beginning of the phase-out period, there may be limitations on retroactively imposing it. The 421a Surcharge is associated with the 421a tax abatement program, and its collection is subject to specific rules and timelines.... View More
answered on Jan 10, 2024
Dear Albany Tenant:
An eviction without a court lawsuit, a judgment from a court, and a warrant of eviction is illegal in New York State and is a crime. You could have called the police right away. Now, you have only a lawsuit for an illegal eviction and will need a lawyer. You could still... View More
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