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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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Links:

 

 

 

 

 

 

 

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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.

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

Links:

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.

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

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.

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

Links:

 

 

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.

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

Links:

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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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, YouTube, or wherever you get your podcasts!

Links:

 

 

 

 

Ask us your questions at [email protected].

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Short-Term Renting (Like Airbnb) in New York City After Local Law 18; Which NYC Tenants Can Still Do Short-Term Renting Legally and How?

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.

Listen on Spotify, Apple, YouTube and all over the place!

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

⁠Local Law 18⁠

⁠Airbnb, Inc. v. New York City Mayor’s Office of Special Enforcement⁠

⁠$5 Resource from Tenant Law Podcast: HOW TO DO SHORT-TERM (LESS THAN 30 DAYS) RENTING (LIKE AIRBNB) IN YOUR NEW YORK CITY APARTMENT⁠

⁠Tenant Law Podcast Website ⁠

Ask us your questions at [email protected].

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Can excessive noise from a neighboring apartment legally justify a tenant withholding rent in New York City? And can a tenant run a daycare in their NYC apartment?

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.

Listen on Spotify, Apple, or YouTube.

Ask us your questions at [email protected].

Please: 5 Stars! Spotify follow! Post on your socials!

Links:

(1) Link to Today’s Case

(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)].