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You may have rights to an apartment you live in even if you are not the tenant and the lease is not in your name; And what is the difference between a licensee and a squatter?

In Episode 12 we discuss the many situations where a person living in an apartment is not the tenant and the lease is not in that occupant’s name, but nevertheless, the person has rights and is entitled to a very specific notice before an owner may start eviction proceedings. We look at a case that was dismissed when the owner described the occupant as a “squatter”, when he was a “licensee”.

The facts of your situation give rise to your legal interest in the apartment. Your legal interest in the apartment gives rise to the type of notice you are entitled to. The purpose of the notice is so you can understand your rights and figure out your defenses. Lawsuits are not supposed to be surprises!

Listen on Spotify, Apple, or YouTube. Please post to your socials, you might not need this exact info today, but someone else might!

Ask us your questions at [email protected].

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Getting Your Security Deposit Back; Many Tenants Have a Right To a Pre-Exit Inspection

In Episode 11 we discuss the law that says many tenants have a right to a pre-exit inspection. For non-Rent-Stabilized tenants, within a reasonable time after notification by either the landlord or the tenant of either’s intention to terminate the tenancy (unless it is the tenant terminating the tenancy with less than two weeks’ notice), the landlord shall notify the tenant in writing of the tenant’s right to request an inspection before vacating the premises and of the tenant’s right to be present at the inspection. If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy. The landlord shall provide at least forty-eight hours written notice of the date and time of the inspection. After the inspection, the landlord shall provide the tenant with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant’s deposit. The tenant shall have the opportunity to cure any such condition before the end of the tenancy. See General Obligations Law 7-108(1-a)(d).

In today’s case, we see what happens when the landlord fails to give the tenant the notice of the right to the inspection.

Listen on Spotify, Apple, or YouTube.

Ask us your questions at [email protected].

We have a great blog post up about security deposits!

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If my landlord asks me to move out of my Rent Stabilized apartment, into another apartment in the same building, does my Rent Stabilized status move with me?

In Episode 9 we discuss what happens when a landlord asks a tenant in a Rent Stabilized apartment to move to another apartment within the same building and tenant agrees. Does the tenant’s Rent Stabilized “status” move with him?

Listen on Apple, Spotify, and YouTube

Ask us your questions at [email protected].

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Will the Housing Court recognize polyamorous relationships when making decisions about who can succeed to (inherit) a Rent Stabilized apartment?

In Episode 8 we discuss whether the NYC Housing Court will recognize polyamorous relationships when making decisions about who can succeed to (inherit) a Rent Stabilized apartment.

Listen on Apple, Spotify, or YouTube.

Here is a link to today’s case.

In Episode 6 we also explored succession as a topic.

Ask us your questions at [email protected].

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

In Episode 6 we discuss how to succeed to (inherit) a Rent Stabilized apartment. We also talk about what happens if you family member is unwilling to testify on your behalf in court.

Listen on Apple, Spotify, or YouTube.

There is a DHCR form that the tenant can fill out, that helps establish that you are a potential successor. Notice To Owner Of Family Members Residing With The Named Tenant In The Apartment Who May Be Entitled To Succession Rights/Protection From Eviction (DHCR Form RA- 23.5).

We have a free booklet available on the Tenant Learning Platform called “How Protect Your Rent Stabilized Apartment From a Nonprimary Residence Claim”. It is not exactly on the succession topic, but its close, and the booklet lists all the ways you can prove that a tenant or occupant is a primary resident of a Rent Stabilized apartment.

Ask us your questions at [email protected].

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Is there no chance that I am Rent Stabilized if my lease says in big letters across the top that I am not Rent Stabilized? And the difference between Rent Control and Rent Stabilization.

In Episode 5 we discuss the difference between Rent Control and Rent Stabilization and whether a landlord and tenant can contract in or out of rent regulation, as we look at a new appellate case that everyone is talking about. Is this case really a game changer? We also answer the question – “Is there no chance that I am Rent Stabilized if my lease says in big letters across the top that I am not Rent Stabilized?”

Listen on Apple, Spotify, or YouTube.

Link to today’s case.

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I am a subtenant, I think the tenant I am renting from is Rent Stabilized and overcharging me. What do I do? Can I collect my overcharge award directly from the landlord?

In Episode 4 we discuss what happens when a Rent Stabilized tenant sublets her apartment to a subtenant and overcharges the subtenant more than the legally regulated rent. The tenant could owe the subtenant the overcharge amount back, plus triple damages. Today’s case is interesting because the DHCR held that the landlord, as well as the tenant, was responsible to the subtenant for the overcharge, even when the landlord did not collect more than the legal rent, based upon the concept of illusory tenancy.

Listen on Apple, Spotify, YouTube.

Subtenants can obtain a printout of their apartment’s rent registration from DHCR by submitting proof of their identity and occupancy of the apartment ⁠at this link⁠.

Ask us your questions at [email protected].

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Can I gain leverage in Housing Court if my landlord makes a procedural mistake?

In Episode 3 we discuss a Housing Court case that was dismissed because, although the apartment was located on the second floor of a building, the landlord described the apartment as being on the first floor. This leads us to an interesting Tenant Takeaway about how to turn winning a battle into maybe doing better in the overall war!

Listen on Apple, Spotify, or YouTube.

Ask us your questions at [email protected].