In Episode 38 we discuss a recent eviction case that was dismissed when the tenant pointed out to the judge that the landlord lacked capacity to sue because of the defunct status of its limited liability company, which is easy for anyone to look up regarding their landlord.
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In Episode 37 we discuss how to keep more money in your deceased relative’s estate (for your inheritance) and less in the pocket of the landlord for rent for an empty apartment. We look at the new Real Property Law § 236-A.
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In Episode 36 we discuss a fairly new case interpreting Real Property Actions and Proceedings Law §749(3), which was changed by the Housing Stability and Tenant Protection Act, which codifies a tenant’s Right of Redemption – the right of the tenant to pay the “full rent due” at any point before the eviction is carried out and stop the eviction and vacate the warrant. But how much is the “full rent due”? Is it the amount in the money judgment against the tenant? Is it the amount due weeks or months later when the warrant of eviction is issued from the Clerk’s Office? Or is the amount due right up until the time that the eviction is scheduled? This new case gives us an answer.
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In Episode 35 we discuss what the NYC heating requirements are and how to enforce your rights if you are not getting the requisite amount of heat.
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In Episode 34 we discuss what happens if a New York City agency issues a Vacate Order against your apartment. We tackle the following questions. Does the landlord have to restore the apartment? How will you know what is going on with the apartment? How can you make the landlord fix the apartment and remove the Vacate Order more quickly? How can you make sure the landlord does not fix the apartment and rent it to somebody else? What if you want to break the lease because of the Vacate Order?
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In Episode 33 we discuss two Housing Court cases that were dismissed because the Rent Demands served upon the tenants as predicates to those cases were confusing. If your Rent Demand is gobbledygook, you may be able to get the current case against you dismissed. In general, whether there is a court case against you or not, if your landlord says you owe arrears, she must be able to explain to you exactly what charges are outstanding.
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In Episode 32 we discuss the City, State, and Federal laws that protect victims of domestic violence in housing matters. We look at a very important case where a landlord tried to evict a tenant, when her adult mentally ill son perpetrated serious acts of domestic violence against her.
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In Episode 31 we discuss a fascinating case pending in the New York Courts regarding lease-break fees.
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In Episode 30 we discuss a case where the tenant lost a lot of relevant text messages about conditions in their apartment, because they changed phones and lost text messages. Not only did they not have that evidence to help them, but a court punished them for not producing those items during discovery in the lawsuit. We talk about how to avoid these problems. And we suggest how to use evidence spoilation rules to your benefit, to show how long you have been forced to wait for much needed repairs, so that you can get proper repairs and/or a rent abatement.
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In Episode 29, we conclude our initial four-part series on the historic new Good Cause Eviction Law, by having an awesome panel of highly experienced New York City landlord-tenant litigators discuss the law.
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Randi Gilbert, Esq. is a partner at Horing Welikson Rosen & Digrugilliers, PC and she represents landlords.
Seth A. Miller, Esq. is a partner at Collins, Dobin & Miller and he represents tenants.
How do I know these two people? I know them as adversaries. Sometimes I am Randi’s adversary because I am representing a tenant, and sometimes I am Seth’s adversary, because I am representing a landlord. I can tell you that these are two of the smartest people in landlord-tenant work in New York City today. And I have always been impressed with Randi’s and Seth’s devotion to holding up the highest ethical standards in our profession.
But forget my opinion, the fact is, if you take all the major appellate cases that have shaped our landlord-tenant jurisprudence over the last 30 years, either one or both, Randi Gilbert and/or Seth Miller, are involved in many of those cases. These are the people who literally shape the law.
The Good Cause Eviction Law is a complete game changer. In Episode 25, I explained how Good Cause Eviction works and how it protects tenants. In Episode 26, I explained who Good Cause protects, and how you can figure out whether it protects you. In Episode 27, I covered Good Cause Eviction’s new sweeping notice requirements. Now, in this Episode 29, I’m giving you a unique chance to be a fly on the wall to listen to an in-depth shoptalk among the lawyers who will be litigating over the Good Cause Eviction statute for the rest of their careers.
One more thing. This show has not been at all political; you do not need me for that. But there was really no way to offer you this authentic content in this Episode 29 without having a little bit of politics sneak on in, because these lawyers are warriors for their clients. Let’s just say they have strong opinions. Also, it gets a little wonky, and you might not understand every reference to every section of the statute, but that does not matter, you will get the gist. And the bottom line remains that you will not hear conversations like this anywhere else. As I always say, the law belongs to you New York, but your ownership of the law is only as great as your understanding of the law. So, let’s learn, to live better. Now let’s talk to Randi Gilbert and Seth Miller.
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