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Are You Covered by Good Cause Eviction? (Part 2 of the Good Cause Eviction Series)

In Episode 26 we continue discussing the historic new Good Cause Eviction Law. The New York State Legislature passed Good Cause Eviction on April 20, 2024. This is the most significant change in landlord-tenant law that I have seen in the 30 years that I have been a landlord-tenant litigator in New York City.

There are two major aspects to every regulatory law. First, you need to know what the law does – what does it prevent your landlord from doing to you, what does it require the landlord to do for you, what protections is the law giving you, what restrictions does the law put upon you? We did that in the last episode, Episode 25. You also need to know if the Good Cause Eviction Law applies to you; and if so, why? If not, why not? Are you sure Good Cause Eviction does not cover you? That is what we are doing in today’s Episode 26. Is your apartment protected?! Every New Yorker needs to know this stuff.

Listen on Spotify, Apple, YouTube or wherever you get your podcasts.

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Good Cause Eviction is Here!

In Episode 25 we discuss the historic new Good Cause Eviction law. There are two major aspects to every regulatory law. First, you need to know what the law does – what does it prevent, what does it require, what protections is it giving you, what restrictions does it put upon you? Second, you need to know if the law applies to you; does the Good Cause Eviction Law cover you, and if so, why? If not, why not? Are you sure it does not cover you?

Today we are starting with the first aspect – what does this law do and how does it do it? We will cover the other aspects of Good Cause Eviction in the next few episodes. Every New Yorker needs to know this stuff!

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What are your rights in Housing Court if you do not have a lawyer? Season wrap up – why is housing law so complicated in New York?

Listen on Spotify, Apple, YouTube or wherever you get your podcasts.

In Episode 24, we discuss a case where a landlord sued a tenant for eviction in Queens Housing Court. The tenant had no lawyer. The tenant signed a stipulation (an agreement) that included waiving some important rights. The stipulation was never presented to the judge for the judge to explain the agreement to the tenant. Later, the tenant got the assistance of a Legal Aid lawyer. Legal Aid came in and moved to vacate the stipulation, to cancel it. The judge vacated the stipulation, specifically because the stipulation was never presented to the judge for the judge to explain the agreement to the tenant.

We also tackle the question – Why is housing law so complicated in New York? Why do people know so little about their rights? And what can we all do about it?

Links:

Ask us your questions at [email protected].

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Roaches (or other infestations) can constitute an immediately hazardous housing violation and result in a suspension of part of your rent obligation.

In Episode 23 we discuss cases where roach, spider, and mouse infestations led to violations of the implied warranty of habitability, the landlords were ordered by Housing Court judges to fix the problems, and it resulted in one tenant not having to pay some rent.

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What happens when you live in your store, shop, studio, or business premises in New York City? Can the landlord evict you in a commercial eviction proceeding?

In Episode 22 we discuss how it affects an eviction process when a tenant has a commercial lease for a store, workshop, studio, office, or any kind of business premises, but tenant begins living in the premises with landlord’s knowledge and consent.

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Today’s Case: Glebow Realty v. Dietrich, 81 Misc.3d 138(A) [App Term 1st 2023]

Ask us your questions at [email protected].

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Housing Court Leverage Tip for Tenants: Landlord can only sue for the monthly rent and that rent must be properly itemized or the case can be dismissed.

In Episode 21 we discuss how an eviction case in New York can be dismissed if the Rent Demand that the tenant is served with: (a) seeks arrears that are not properly itemized; or (b) includes any amounts beyond the monthly rent.

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Links:

AK Houses TP4 LLC v. Thurman, 2023 WL 3311755 [New York City Civil Court, New York County 2023]

Tenant Law Podcast Website

Ask us your questions at [email protected].

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If I break my lease early does my landlord have to try and find a new tenant? Or am I on the hook for the rent through the end of the lease term?

In Episode 20 we answer the often-asked questions: If I break my lease early does my landlord have to try and find a new tenant? Or am I on the hook for the rent through the end of the lease term? We take a deep dive into recent cases interpreting the new Real Property Law § 227-e, which governs a residential landlord’s duty to mitigate a tenant’s lease default.

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Ask us your questions at [email protected]

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Can I lose my Rent Stabilized apartment because I was away caring for a sick relative?

In Episode 19 we discuss the many factors that go into a court deciding whether an apartment is a Rent Stabilized tenant’s primary residence, focusing particularly on what happens when you need to leave town for a long time to take care of a sick relative.

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Relevant Statute: Rent Stabilization Code § 2520.6(u)

Interesting Case: Lance Realty Co. v Fefferma

Tenant Law Podcast Booklet: “How to Protect Your Rent Stabilized Apartment from a Non-Primary Residence Claim”

Tenant Law Podcast Website

 

Ask us your questions at [email protected].

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The Difference Between Subtenants and Roommates and Why it Matters

In Episode 18 we discuss the very important difference between a roommate and a subtenant, and we explain why that difference is so important.

Listen of Spotify, Apple, Amazon, Pandora, Castbox or wherever you get your podcasts.

Links:

Tenant Law Podcast Website

Episode 6: How do I succeed to (inherit) a Rent Stabilized apartment?

Today’s Case

Ask us your questions at [email protected].

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Now Rent Stabilized tenants can add their domestic partners to their leases! And considerations before adding a spouse or a partner to a lease.

In Episode 17 we discuss a new rule allowing Rent Stabilized tenants to add their Domestic Partners to their leases, and we also cover some considerations for any Rent Stabilized tenant considering adding a spouse or a partner to their lease.

Listen on Spotify, Apple, Amazon, Pandora, Castbox, or wherever you get your podcasts!

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Ask us your questions at [email protected].