The New York Family Health Care Decisions Act (FHCDA) went into effect on June 1, 2010. The law allows family members and friends to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions. It applies to patients who…
When an “Incapacitated Person” (IP) is no longer able to make certain decisions concerning the management of his or her property and/or health or well-being, the court can appoint a guardian to make these decisions for him or her. New York’s Guardianship Statute, Article 81 of the Mental Hygiene Law, ensures that the guardian’s authority…
A black letter rule of New York law prohibits awarding the landlord a money judgment for unpaid rents unless the tenant was personally served with the eviction papers (notice of petition and petition). Service may be made in one of three ways: (1) personal service (directly on the tenant); (2) substituted service (directly on some…
Compensatory and punitive damages are an effective and highly publicized means of enforcing federal housing laws. Victims of housing discrimination can seek compensatory, as well as punitive damages. Compensatory damages consist of special and general damages. Special damages include actual out-of-pocket expenses or losses, including actual expenses such as moving and storage expenses and the…
New York Tenants were served with a notice of termination for using the apartment for the illegal trade of the sale, storage, packaging or manufacturing of a controlled substance. The notice contained a seven-point list of facts surrounding the arrest of the tenants inside the premises where they were in possession of marijuana. The tenants…
When a tenant dies in New York, landlords expose themselves to liability by granting unauthorized persons access to the apartment or by removing the deceased tenant’s property from the apartment. Only a duly appointed executor (designated in the will), administrator (if there is no will) or Public Administrator (if there is no will and no…
New York landlords must give tenants written notification of the following: If there is an “automatic renewal” clause in the lease, the landlord must give the tenant fifteen to thirty days advance notice that the rental period is about to be automatically renewed. Non-payment of rent: The landlord must properly serve the tenant with a…
Q. My Buffalo, NY apartment was damaged in a fire. Can I terminate my lease and move out? A. This will depend on the condition of the apartment and the terms of your lease. Tenants have the right to vacate their apartments and cancel the lease if: 1. The building is destroyed or damaged (e.g.,…
Collecting a security deposit from the tenant is an absolute necessity because lawsuits against tenants for property damage and unpaid rent are very costly, the tenant may be “judgment proof” and the landlord does not have a right to seize the tenant’s property or obtain a lien for unpaid rent. The security deposit should be…
Landlords of residential dwellings of four or more units, other than public housing or cooperative apartment buildings, cannot unreasonably withhold their consent to assignment or subleasing of the apartment by the tenant. However, the tenant must obtain the written consent of the landlord before subleasing or assigning. An “assignment” of the lease transfers the entire…
