If repairs arent made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. After a WARRANT OF EVICTION is issued by the court (you must request it - see below - and you receive it in the mail) you must file it with the Suffolk County Sheriff. The sheriff will return at some point after the end of the 14th day to remove you and your belongings from the premises. You are responsible for paying the rent on time. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. A lawyer will be very helpful in court. L&T proceedings are specialized and procedural rules must be followed strictly. The information contained in this material is not legal advice. 1. You should consult with an attorney or refer to the Real Property Law or Real Property Actions & Proceedings Law to be sure you have satisfied all requirements. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. and the signature and title (i.e. Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit . R. David Ades graduated from Benjamin N. Cardozo School of Law and began his legal career handling all areas of corporate law, real estate transactions and commercial transactions. Rent Increases & Related Fees in New York, Additional Landlord Tenant Regulations in New York, How to Report a New York Landlord for Unsafe Living Conditions, Waterproofing on ceilings, walls, and floors. Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Security deposits protect the landlord in case there is damage to the property. At the end of the court case, the judge will tell you when and if you have to move and how much rent you owe. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? It is important to know what these responsibilities are, and to take steps to protect them: Your landlord also has responsibilities when he rents you a place to live. By law, building owners must provide all tenants with the following levels of heat and hot water: Heat (During the heating season, October 1 through May 31) Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; Examples of relationships involving real property which may permit an eviction are included at RPAPL 713 and RPAPL 715). The Office says they will take. Contact a skilled Suffolk County landlord / Tenant attorney at The Law Office of Shawn R. Kassman, Esq., with offices in Central Islip and Holtsville NY. New York residents are under an order by the state to remain in their homes. New York considers substantial code ordinance violations as initial proof that the landlord has violated the warranty of habitability. New York State Attorney Generals Tenants Rights guidebook in 7 languages Spanish English Bengali Korean Chinese Creole Russian. You should only withhold the rent if there are bad health or safety problems in your home. If late fees are included in your lease, the landlord cannot charge late fees that are greater than either 5% of the months rent or $50, whichever is less. The landlord is responsible for putting a smoke detector in any area where someone sleeps. It is a good idea to mail this request as return receipt requested and, of course, keep a copy of the request for your records. Tambin puede enviar un correo electrnico a info@LIFairHousing.org. However, no one can force you to settle a case. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. You must let the landlord have access to the apartment to make repairs and collect the rent. You must be prepared to go to court and prove that your home has serious problems and that your landlord will not fix them. Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. any photographs youve taken of the premises. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. New York City loft owners and tenants are governed by Multiple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. If the landlord does not give you this statement and your money within 14 days, he cannot keep any of the security deposit. You will need your index number to find the case on the calendar. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. Please refer to our COVID-19 resources for updates on temporary changes to these rules. Llame a Long Island Housing Services al 631-567-5111 ext. If a valid rental agreement exists, New York law ( NY Real Property Law Sec. Landlord's Rights in Suffolk County, NY. Rent Collection & Fees: The following laws apply to the collection of rent and related fees: Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, sex, disability, religion, national origin, or familial status. Law Firms Lawyers 129 results Client Reviews . Read your lease agreement carefully! For over 12 years, the Murtha Law Firm has affordably taken the pain & stress out of the eviction process, and our goal is to resolve matters as fast as legally allowable under the law. Read More. Often, landlords will listen more to a group of people than to just one person. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. You may need to find a new tenant to take your place. A landlord can propose to raise the rent of a month-to-month tenant. New York City has several local laws and regulations for landlords and tenants. Need Help? Most written leases are good for a year but can be longer or shorter. Thats why it is important for renters to be on guard against rental scamsand one of the best ways to do this is to be informed! When you move out you should give the landlord your forwarding address because 14 days after you move out, the landlord needs to send you an itemized statement of any amount of your security deposit that is kept for damages or back rent and the balance of the money you gave as security. You might want to talk to other tenants in the building to discover any problems they may have had with the landlord or the building. Finally, this information is not guaranteed to be up to date. Verified Attorney. Accessibility, Consumer Law You must explain to the Judge in your papers that you have. Family Law Inform the landlord of any repair or maintenance issue. All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. Finally, this information is not guaranteed to be up to date. Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. There are two categories of rent control in New York: rent control and rent stabilization. No settlement is final until the stipulation is reviewed by a Judge. 110 E 42nd Street, 17th Floor, New York, NY 10017. Try to work out an agreement with your landlord and get it in writing. 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. Its illegal for New York landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations. You can call the Town and inquire as to who is listed on the tax bill to make sure that the person renting to you actually owns the property. Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. The Law Office of Shawn R. Kassman Esq. Contact Us Visit Website View Profile. Talk to your future landlord and find out when he will fix any problems. and of the tenants right to inspect the property before occupancy. Probably. If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. It is very important to save all receipts for the repair. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Our New York landlord-tenant attorneys are based in Garden City, on Long Island, from which we . Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. Give the tenant at least 30 days notice to leave. Your landlord must follow certain steps if he wants you to move. NY and Suffolk County, New York Open for Business. If your landlord takes you to court be ready to show the judge that: There is a serious health or safety problem in your home. If you are confident that the person renting to you is legally authorized to do so, the first thing you will want to know, of course, is the amount of the rent. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. Keep a copy of the letter. in the jurisdiction of Suffolk . The listing below provides the contact information for each county. All Rights Reserved. Yes, under certain circumstances, a tenant may commence a proceeding against can bring a landlord in to L&T Court. Call the police and your local Law Services office as soon as you can if any of these things happen. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. includes form for pro-se defendants to have the court prepare and serve and file Notice of Appeal. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. New York State Bar of New York and Academy of Trial Lawyers. Proper Pest Management Practices for Landlords and Tenants Integrated Pest Management is geared toward longterm prevention or elimination of pests that does not solely rely on pesticides. landlord, building manager, etc.) Last Updated: On April 10, 2023, Carrington Mortgage Services, Llc filed a Foreclosure - (Property) case represented by Abdellah, Amani Sahar against John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises et al. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected group: Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person oronline. HAUPPAUGE - New York Attorney General Letitia James today announced that 462 firearms were turned in at a community gun buyback event hosted by her office and the Suffolk County Police Department. This guide contains more information about NYCs various housing regulations. Yonkers requires all landlords to provide in-unit heating during certain parts of the year. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. This includes written agreements, leases, receipts and photographs. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You may be able to get one months rent from other agencies or even agencies that get federal money (called FEMA) that is put aside to help people in your situation. Get peer reviews and client ratings averaging 4.5 of 5.0. . The Judge may again ask questions. Do not spend the rent money! You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. Whether your lease is written or verbal, it must be consistent with New York State law. Whether you are a tenant or a landlord, we provide Landlord/Tenant Counseling to help you deal with issues related to security, eviction, habitability, rights, handicapped access, and more. As of October 12, 2019, if the landlord wishes to raise your rent by 5% or more, or if he does not want to renew the lease, he must give you a 30, 60 or 90 days notice depending upon how long you have lived there: Notice does not automatically let the landlord evict you. If your property is located in a village that assesses property, you will have two assessments, one for the village and one for the town. Or, tell the judge how long you will need to move and ask for more time (if you need it). Take a friend with you and write down anything that needs to be fixed. All future court dates, if any, will be set during court proceedings or upon notice by the court. Try not to pay your rent with cash. In Suffolk County, the landlord must offer a lease in buildings with 3 or more apartments. Yes, squatters enjoy various rights and protections in NYC and NY State. What do I do? If you are short of money and cannot pay your rent, there are a few things that you can do. Where there are several apartments in your building, sometimes the best way to solve problems is to form a tenant association. Both you and your landlord must live up to that contract. New York eviction law firm. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. Evictions; FAQs; . The tenant will then be sworn as a witness to give his or her side of the story and present evidence. Call us at Witkon Law to get expert advice right away. Donations Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 April 16, 2020. The purpose of this law is to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags. Refusing to rent, sell, or lease housing. Hempstead: 516-292-8100 The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. Always get a signed receipt for your rent. Sometimes a Judge may ask some questions to clarify matters. P.C., an attorney and litigator providing excellence in landlord tenant, bankruptcy, foreclosure and debt negotiation, matrimonial and family as well as [] City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. Additional witnesses may be called to testify in support of the landlords claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge. Fortunately, the landlord must try to rent it as soon as possible to lessen what you will not need to pay. Write a letter to the landlord saying that you are going to withhold the rent and why. Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. Tenants associations are easy to start. There are simple steps that you can take to avoid and report rental scams. Do I need to do anything before I file papers with the Court? If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Important Dates and Events The forms referred to above are intended for a landlord to evict a tenant. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. Volunteer Ask the Court Clerk any questions you have about what to do. This is called repair and deduct. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . The likely result of which is that there will be a Judgment of eviction. For example, the following situations may permit such a case. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. The information contained in this material is not legal advice. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. What should I bring to Court on the court date? For example, if your landlord has been notified that your door lock is broken and doesnt repair it, you may hire a locksmith and deduct the cost from the rent. When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. April 25, 2023. If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. Your landlord can evict you for not paying the rent. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. 220-238A) states that tenants receive a set of rights, such as the right to a habitable unit. If you qualify, the Department of Social Services may assist you with your security deposit. You can avoid trouble later on by being careful when you first rent a house or apartment. Always read a written lease very carefully BEFORE you sign it! Take photographs of the problems that can be photographed. If the Judge disagrees with the objection, the Judge will say overruled and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial. Floor plans starting at $1585. Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. 1. DFS will seek to determine whether the property is subject to a mortgage, and, if so, to identify the party responsible for inspecting, securing and maintaining the property in . Tenant and homeowner rights . Home; Topics; Housing; Tenant and homeowner rights . Legal assistance New York City Commission on Human Rights complaints - (212) 306-7450 (local law protects from discrimination based on source of income, including HCV/Section 8) Need Help? Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. (DHCR) enforces compliance with this law. Then, prioritize the problems and get started! Any such call demanding money for bail is being initiated by a third party and not by the Legal Aid Society of Suffolk County and you should immediately contact your local police and/or law enforcement agency to report this crime. These can also be signs of a rental scam. Take your time and think before you speak. The landlords right to enter the premises requires your permission. Send a copy of it to the landlord to show that you have the rent but are not going to give it to him until the repairs are made. If you can, take pictures of each room. Your landlord may try to evict you for not paying your rent if you take this action. TTY: 202-708-1455, Privacy Policy | Web Policies | Accessibility | Sitemap, Privacy Policy | Web Policies | Accessibility | Sitemap, Tenant Rights, Laws and Protections: New York, New York State Housing and Community Renewal Rent Administration, New York State Attorney General Tenants' Rights Guide, New York City Commission on Human Rights complaints. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. Corporations must have an attorney appear for them in Court. Retaliatory eviction can be hard to prove. Forms must be completed using BLACK ink only and submitted in duplicate to the Court Clerk for signature. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment. Bring copies of any letters you may have written to the landlord asking him to make repairs. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. Landlord Tenant Lawyer Serving Suffolk County, NY. Board of Directors Phone (Suffolk): 631-567-5111 How do I ask a Judge to vacate a default judgment and stay my eviction? Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered. If a valid rental agreement exists, New York law (NY Real Property Law Sec. The appropriate way to object is to say objection. The Judge may then ask the basis for the objection. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. Tenants can sue landlords in different courts depending upon the area of state: Small Claims Part in civil court (in cities, including New York City); district court in Nassau and Suffolk counties; and justice court in rural areas for the return of their deposit. If you have lived there for less than 1 year and do not have a lease with a term of at least 1 year, your landlord must provide you with 30 days notice; If you have lived there for more than one year, but less than 2, or have a lease term of at least one year, but less than 2, your landlord must provide you with 60 days notice; If you have lived there for more than 2 years or have a lease term of at least 2 years, your landlord must provide you with 90 days notice, a copy of the lease (if you have a written one), a receipt or canceled check for your security payment, receipts for any repairs that you have made to the rental property. In addition to seeking help from a Long Island Housing Services counselor, you can learn about your rights by reading the New York State Attorney Generals Guide to Changes in Rent Law. Bring copies of the letters to your landlord, inspectors reports, pictures, witnesses and the rent money to court to prove your side of the story. The landlord or the landlord's attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant.
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