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Housing Court Hack – Case Dismissed for Using Wrong Notice of Petition

In Episode 49, we examine another “Housing Court Hack”, ways to spot hidden procedural defects that may get your summary proceeding dismissed. In this episode we examine what happens if the landlord uses the wrong form when attempting to sue you in Housing Court.

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Other Housing Court Hack Episodes:

 

  • Episode 21: 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. Listen on Spotify, Apple, or YouTube.

 

  • Episode 38: Housing Court Hack: How to Get your Case Dismissed if your Landlord’s Ownership Entity is in Bad Standing with the State, which is Easy to Look Up. Listen on Spotify, Apple, or YouTube.

 

 

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Should I bring my claim against my landlord as a class action?

In Episode 48, we give you a bunch of information to help you answer the question: Should I bring my claim against my landlord as a class action? A lawyer or someone else is telling you that you can bring a Rent Stabilization rent overcharge case against your landlord as a class action. Should you do that? What is a class action? What are the pros of a class action? What are the cons of a class action? What are alternatives to bringing a class action? And what are the pros and cons of the alternatives?

This episode also imparts a ton of information about pre-HSTPA Rent Stabilization Individual Apartment Improvement rent increases.

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

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  • Today’s Case Stafford v. A&E Real Estate Holdings, LLC, 2025 WL 622569 [Supreme Court, New York County 2025]

 

 

 

 

 

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Pets and Emotional Support Animals in NYC No-Pets Buildings (Part 2: Emotional Support Animals)

In Episode 47 we explore the fact that New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets buildings in New York City. Often tenants make mistakes regarding the adoption of an animal, leading to a great deal of stress and cost. In Episode 47 we embed the second half of a class I taught on Pets and Emotional Support Animals in no-pets buildings, so hopefully tenants can avoid painful mistakes. Do not forget to go back and listen to the first half of the class in Episode 46.

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

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Pets and Emotional Support Animals in NYC No-Pets Buildings (Part 1: Pets)

In Episode 46 we explore the fact that New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets buildings in New York City. Often tenants make mistakes regarding the adoption of an animal, leading to a great deal of stress and cost. In Episode 46 we embed the first half of a class I taught on Pets and Emotional Support Animals in no-pets buildings, so hopefully tenants can avoid painful mistakes.

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

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The Good Cause Eviction Law – What have we learned after one year?

In episode 45 we are discussing the Good Cause Eviction Law that was passed just over one year ago, becoming effective on April 20, 2024. What have we learned from the courts or otherwise in the first year of this historic statute?

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

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Can my landlord charge me for providing me with a replacement key or an extra key?

In Episode 44 we answer the question: Can my landlord charge me for providing me with a replacement key or an extra key?

You often hear stories of landlords charging tenants exorbitant fees (upwards of $200) to make copies of keys to apartments. Also, in the last couple decades there has been a lot of changing over in buildings from regular old keys systems to non-duplicable keys, electronic key fobs, and key cards.

I just had a lease come across my desk the other day for an apartment where this was in a section of the lease called “Additional Rent”:

“Keyfobs & Locks. Tenant acknowledges that each Tenant has or will receive one access entry device (either a keyfob, a keycard, or an access code for their smartphone, under owner’s sole discretion) and one mailbox Key for each individual signing this Lease as a Tenant…Tenant understands that these are the only access entry devices that will be provided during the term of this Lease without charge. In the event that Tenant loses their physical access entry device, or, is locked out of the Apartment and requests that Owner, its employees or agents, [or] Building staff, unlock the Apartment, Owner shall be entitled to the charges set forth in the lease rider.”

And then in a rider under the heading “Fees” the lease goes on to state that:

“Tenant agrees to the following fees from owner:…B. Lost or unreturned keyfob or keycard ($100.00); C. Opening apartment entry door for locked-out tenant ($75.00);…H. Fees are subject to reasonable increases by owner.”

Here is another lease provision:

“KEYS/SECURITY: Tenant shall not remove, alter, or change in any way the existing locks, security codes, or keys or keycards that are provided for the apartment or any part thereof. Tenant shall not transfer to or share with any person a key or a keycard for the apartment. Tenant agrees and understands that tenant will be charged a re-keying fee in the sum of $50 each time a key or keycard replacement is deemed necessary by landlord. Said charges shall be deemed additional rent.”

Is any of this legal?

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Do I have to allow my landlord into my apartment to do repairs, even if I don’t want to? How much notice am I entitled to?

In Episode 43 we discuss whether and when you must allow your landlord into your apartment to do needed repairs. We also discuss how much notice you are entitled to and what kind of control you can assert over the repair process. Can you pick the contractor? Can you do the work yourself and then deduct from the rent? These and other questions are tackled in this episode.

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

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Can my landlord terminate my lease if I make complaints about conditions in my apartment?

In Episode 42 we are discussing a recent case out of Queens landlord-tenant court that concerns the anti-retaliatory-eviction law, Real Property Law § 223-b.

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  • Today’s Case is Li-Johnson v. Sierra, 2024 WL 4896875 [New York City Civil Court, Queens County 2024]

 

 

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The New No-Broker-Fee Law and Possible Bumps in the Road For its Roll Out

In Episode 41 we examine the Fairness in Apartment Rental Expenses Act, which prohibits real estate brokers from passing their fees onto residential tenants where the broker is exclusively representing the landlord’s interests. This would include brokers who publish listings with the landlord’s permission. Landlords and their agents are also required to disclose the fees that the tenant must pay in their listings and rental agreements. This law is new and changes things a lot. Whenever that is the case, the law can get off to a bumpy start. We look at what those bumps might be and what you can do to protect yourself.

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What do I do if my co-living landlord houses me with a roommate who is a serial killer?

In Episode 40 we look at a January 8, 2025 Business Insider article with the headline: “Man Sues Co-Living Company After Being Housed with a Serial Killer”. You simply cannot make this stuff up.

 

In a 15-page lawsuit filed in Los Angeles Superior Court, a tenant said that a co-living company breached its duty to him when the company placed him with a roommate it knew to be dangerous and unfit and ignored the fact that the roommate had already exhibited abnormal, alarming, and erratic behavior, the roommate had not paid rent in a year, and the roommate threatened the tenant. Nevertheless, the co-living company denied the tenant’s requests to be relocated after he raised concern about his safety. And then the roommate allegedly killed three sleeping homeless men and another person, over a four-day period. To add insult to injury, when the police busted through the apartment door to arrest the roommate-alleged-serial-killer, they arrested everyone in the apartment, including the complaining tenant, who was obviously later released.

 

This episode is not merely going to be about a sensational roommate-from-hell story. The company in this LA story is based in New York City and operates here and has at least a dozen competitors doing co-living business here in New York City. Co-living has become more and more common as a natural response to the New York City housing shortage. We have so often seen situations where tenants in co-living situations feel compromised. Today’s episode is about what you, as a tenant in a co-living situation where you feel unsafe, can do to get your co-living landlord to be more responsive to your request to move you quickly to another apartment or to refund your money.

 

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

 

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