Yes, a condominium board’s obligation to regulate second hand smoke is based on New York Real Property Law (RPL) section 339-v(b)(i) which requires all condominium bylaws to include such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as […]
Category Archives: Landlord Legal Issues
New York landlords and those looking to become landlords can prevent costly mistakes by taking the following preventive measures: Attend landlord seminars at community education programs and property owners’ associations to learn your rights and responsibilities.Educate yourself about housing discrimination laws – ignorance is no excuse. Find an attorney who has experience with landlord/tenant and […]
A landlord started a nonpaymenteviction action in Town Court, Westchester County.The tenant’s rent had been partially paid by a subsidy under the Section 8 program. She did not pay her share of the rent for four months. The tenantargued the arrears should be eliminated or significantly reduced by an abatement during eighty-one days ofa bedbuginfestation. […]
The black mother of five children responded to an ad on Rochester Craigslist for the sale or rental of a four-bedroom Amherst, New York single-family home. The rental agent, a licensed New York real estate broker, was listed as the contact. She called the broker and arranged to view the premises. She was met by […]
New York landlords often make costly mistakes by failing to: Use rental applications to screen tenants. Use criminal/credit/tenant screeningreports. Use move-in/move-out checklists. Obtain payment of security deposit and rent and tenant’s signature on the lease before giving the keys to the tenant. Include attorney’s fees, late feesand added rent provisions in the lease. Provide the […]
The tenant, who has Parkinson’s disease, hypertension and chronic low back pain, alleged that thelandlordviolated the Fair Housing Act (FHA) by discriminating against him due to his disability. He claimedthat the landlordinitially agreedto accept rent under the federal Housing and Urban Development Department’s Section 8 Housing Program and to help him obtain such funds. However, […]
A landlord’s failure to resolve a tenant’s complaints of cigarette smoke emanating from the apartment below justified a rent abatement and dismissal of the landlord’sattempt to recoup the remainder of the unpaid lease, ruled a Nassau County, New YorkDistrict Court judge. However, he rejected the tenant’s counterclaims for reimbursement of paid rent and “thousands” for […]
Mr. Acosta was dragged into an abandonedbuilding, robbed and murdered by Mr. Melendez-Sanchez. The plaintiff, administratix of Acosta’s estate, claimed that thebuilding was a public nuisance as it was abandoned and unlocked. She argued if the building had been properly sealed, Melendez-Sanchez would not have been able to break in and murder Acosta. The Kings […]
A New York commercial landlord sought to recover possession of the premises and $19,449 in rent. The rent demand served on the tenant was in the form of a letter from the landlord’s attorney which: (a) did not state whether it was a three-day notice, a five-day notice, or something else; (b) did not state that […]
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 […]