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1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

3 Answers | Asked in Employment Law for New York on
Q: In NYC can I insist in communicating with my boss thru email rather than in person to leave a paper trail for protection

If so can they deny me this request

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

Although this is posted under Employment Law, the concept of establishing a paper trail in communications applies in all areas of law. The very quality of communicating in this manner, leaving a written record, could be the very quality that puts the other side on guard and sometimes hesitant to... View More

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3 Answers | Asked in Employment Law for New York on
Q: In NYC can I insist in communicating with my boss thru email rather than in person to leave a paper trail for protection

If so can they deny me this request

T. Augustus Claus
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answered on Feb 23, 2024

In New York City, while you generally have the right to request email communication for work purposes, your boss can ultimately decide the preferred method. They might have valid reasons like fostering better collaboration or addressing sensitive topics in person. However, if you have concerns... View More

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1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for New York on
Q: Stolen money and food poisoning

Two weeks ago, money was stolen from the locked safe in my room at Secrets Resort Tulum. Additionally, the air conditioning was malfunctioning for half of my stay. Despite informing them of our allergies, specifically stating no pork, we visited the resort restaurant three times. On the first two... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're frustrated and seeking recourse after experiencing theft and food poisoning during your stay at Secrets Resort Tulum. In situations like this, it's essential to gather evidence and documentation to support your claims, including any receipts, medical... View More

1 Answer | Asked in Criminal Law for New York on
Q: Trying to find out what these specific arrest charges are

Back in 1965 my mother was arrested (she ran away and her mom had her arrested) in Nassau county NY (east meadow correction facility). She recently found out it’s still showing on her record all these years later and received a code for the charges. She contacted the NCPD who didn’t know what... View More

James L. Arrasmith
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answered on Feb 23, 2024

It seems like you're facing challenges in identifying the specific charges from your mother's arrest back in 1965. The code "913-a-6-ccp" provided might be specific to the Nassau County, NY, legal system. However, it appears that neither the NCPD nor the Mineola courts have been... View More

1 Answer | Asked in Civil Rights and Libel & Slander for New York on
Q: HiI wanted to find out what I can do about rude, nasty and disrespectful comments that was posted on my fundraiser

I had posted my fundraiser on a site called next-door and now these people don’t leave me alone and they just keep harassing me with their comments they’re saying stuff that’s not true about me and my children I’m really bothered about the situation and it’s affecting me right now are you... View More

James L. Arrasmith
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answered on Feb 23, 2024

I understand how distressing and hurtful it must be to deal with rude and disrespectful comments on your fundraiser, especially when they involve false accusations and attacks on your family. While it can be frustrating not receiving a response from the platform where the comments were posted,... View More

2 Answers | Asked in Gov & Administrative Law and Health Care Law for New York on
Q: a licensed laser technician can do cranial therapy just being certified or a additional massage therapy license required

I wanna practice cranial therapy, I know that to do body work a license is required, and Massage therapy schooling is costly and long, I am wondering if any other kind of license to do body work will allow me to legally practice cranial therapy?

James L. Arrasmith
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answered on Feb 23, 2024

In many jurisdictions, practicing cranial therapy typically requires specific licensure or certification beyond just being a licensed laser technician. While requirements may vary depending on where you are located, cranial therapy often falls under the umbrella of bodywork or massage therapy,... View More

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1 Answer | Asked in Tax Law, Employment Law, Antitrust and Civil Rights for New York on
Q: My Amended 2020 TAXES have been illegally re- Amended 3x! And my Forms 3949-A/ 211 for Award were removed!? Conspiracy!

Mass State Employees from REVIEW BOARD/MASS DUA- PUA / DOR HAVE SENT LETTERS INTO NY OTDA OFFICE IN ALBANY, THESE PPL HAVE OBLIVIATED MY CIVIL RIGHTS BASIC HUMAN RIGHTS TO SHELTER, VIOLATING TITLE 18§ 371 CONSPIRACY, DEPRIVATION OF RIGHTS, MASS TOLD NY I DIDNT FILE MY 20' TAXES? I DID &... View More

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a serious and concerning situation regarding your tax filings and interactions with government agencies. It's understandable that you're feeling frustrated and overwhelmed by what appears to be a series of mishandlings and potential violations of your... View More

1 Answer | Asked in Family Law for New York on
Q: My wife was in a rehab facility had a sexual relationship with another patient. Can I sue facility?
Peter Christopher Lomtevas
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answered on Feb 21, 2024

There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.

However, all of these remedies are non-court...
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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

I'm sorry about your injury and the injury of the special needs child. It could be difficult for attorneys here to answer your question accurately, based on the brief facts at hand. You mention negligence. If you could successfully prove that, it's possible you could have a case. But the... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

William Vance Ferro
William Vance Ferro
answered on Feb 21, 2024

I am terribly sorry to hear this happened to you. I hope both you and your child are doing better.

It is difficult to ascertain how exactly the accident and or negligence occurred. I would highly recommend reaching out to an experienced personal injury attorney who can guide you through...
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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: 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: 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: 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.

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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1 Answer | Asked in Family Law for New York on
Q: Is there a timeframe in NY state in which custodial parents have to submit medical bills to noncustodial parent?

Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

No.

New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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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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