Prior to the NY Housing Stability & Tenant Protection Act of 2019, New York’s manufactured home residents were vulnerable to arbitrary rent hikes and evictions. Manufactured home residents are now covered by regulations and protections, including: Lot rent protections: manufactured home park owners cannot increase rent (including all rent, fees, assessments, charges, and utilities) more than […]
Category Archives: Landlord / Tenant Law
17
Apr
Apr
New York landlords and real estate brokers who screen prospective tenants during the application process must know the difference between legitimate questions and discriminatory questions that could violate fair housing laws. Landlords may establish set financial and credit qualifications to determine if the applicant will be a good tenant. Qualifications and inquiries must be applied […]
10
Mar
Mar
New York landlords may evict tenants where the stay imposed by a Section 8 subsidized tenant’s Emergency Rental Assistance Program (ERAP) application is futile due to the current regulations that provide such applications will be reviewed after all applications from non-subsidized tenants have been processed. A landlord commenced a nonpayment eviction proceeding in January 2022. […]
06
Mar
Mar
Landlords cannot restrict the specific breed of an emotional support animal, according to HUD GUIDANCE ON REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT RELATING TO ASSISTANCE ANIMALS Pet rules do not apply to service animals and support animals. Thus, landlords may not limit the breed or size of a dog used as a service animal […]
07
Dec
Dec
Does Buffalo, NY have the highest number of evictions? Learn about state-wide evictions here and call us if you are a landlord who needs a tenant evicted quickly. Landlords in Erie County, New York primarily in Buffalo, are evicting tenants in greater numbers than almost anywhere else in New York State, except for Brooklyn. There […]
05
Dec
Dec
Questions about lead paint poisoning? Read about a Buffalo, NY landlord who violated lead protection laws ordered to pay $5.1 million here. New York Attorney General Letitia James won her $5.1 million lawsuit against Angel Elliott Dalfin, a Buffalo-area landlord whose flagrant and egregious violations of lead safety laws resulted in more than two dozen […]
07
Nov
Nov
Landlord commenced a holdover eviction proceeding against tenant alleging that more than three individuals reside in the apartment in violation of the lease agreement, the Yonkers City Code, and the Emergency Tenant Protection Regulations. In its notice to cure, landlord further asserted that tenant caused damage to the premises and failed to maintain the unit. […]
21
Oct
Oct
Must landlords provide reserved parking spaces for disabled tenants who request it? Yes, the Fair Housing Act requires landlords to make reasonable accommodations in their rules, policies, practices, or services when needed to provide persons with disabilities an equal opportunity to use or enjoy a dwelling. A reserved parking space is a common reasonable accommodation […]
29
Aug
Aug
Effective September 12, 2022 by Administrative Order of the NY CHIEF ADMINISTRATIVE JUDGE OF THE COURTS, landlords will be required to use a new Notice of Petition form when starting a summary eviction proceeding for the nonpayment of rent in the City, Town and Village Courts in the Eighth Judicial District, Erie County and the District Court […]
22
Aug
Aug
New York Attorney General Letitia James (“AG”) continued her efforts to protect New York tenants by cracking down on “tenant blacklisting,” which is when landlords use housing court records as a basis to deny a potential tenant’s rental application. Tenant blacklisting was made illegal in 2019 following changes to the NY Real Property Law, which […]