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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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]
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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]
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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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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”
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In Episode 18 we discuss the very important difference between a roommate and a subtenant, and we explain why that difference is so important.
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Episode 6: How do I succeed to (inherit) a Rent Stabilized apartment?
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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.
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In Episode 16 we discuss Airbnb, and all kinds of Short-Term Renting in the wake of the controversial New York City Local Law 18, which recently went into effect.
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Today’s pod will be longer than our typical 10 minutes because this is a big topic for New York City. We are going to be talking about the case brought by Airbnb against the Mayor’s Office of Special Enforcement that upheld Local Law 18.
In the Tenant Takeaway segment, we are going to talk about which NYC tenants can still do Short-Term Renting legally, and how they can do Short-Term Renting legally in NYC.
Today’s Links:
New York City Office of Special Enforcement Registration Law Site
Airbnb, Inc. v. New York City Mayor’s Office of Special Enforcement
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In Episode 15 we discuss whether excessive noise from a neighboring apartment violates the warranty of habitability and justifies a tenant withholding rent in New York City. The episode also explores the legality of operating a Group Family Daycare in a New York City apartment.
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Please: 5 Stars! Spotify follow! Post on your socials!
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(2) Every residential lease implicitly carries with it a “Warranty of Habitability”. Real Property Law §235-b; Park West Management Corp. v. Mitchell, 47 NY2d 316 [1979].
(3) Noise from a tenant’s neighbor can theoretically breach the warranty of habitability and support a rent abatement. Nostrand Gardens Co-Op v. Howard, 221 AD2d 637 [2nd Dept 1995]; Armstrong v Archives L.L.C., 46 AD3d 465 [1st Dept 2007].
(4) Courts have repeatedly held that “a resident of a large city cannot reasonably expect to be surrounded by the stillness which prevails in a rural district.” Carroll v. Radoniqi, 2012 WL 4086956 [Supreme Court, New York County 2012], aff’d, 105 AD3d 493, 494 [1st Dept 2013].
(5) Link for Information on obtaining a Group Family Daycare License
(6) A tenant cannot be evicted for running a properly licensed Group Family Daycare in New York City. Marick Real Estate, LLC v. Ramirez, 11 Misc 3d 42, 43 [App. Term 2nd Dept. 2005)].
In Episode 14, we see a tenant who drove a U-Haul up to his apartment, removed most of his possessions, and drove away for eight months. When he came back, the landlord had changed the locks. Would the court restore this tenant to possession? And why?
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Email us with questions to answer on the air at [email protected].
