Category Archives: Landlord / Tenant Law

Condo Association Can’t Limit Weight of Emotional Support Animal

Condo Association Cannot Limit Weight of Emotional Support Animal

In Players Place II Condominium Association, Inc. v. K.P, the New Jersey Supreme Court on March 13, 2024 reviewed whether the trial court properly dismissed the disability discrimination claims brought by condominium unit owners after the condominium association declined their request to have an emotional support animal (ESA) based on the animal’s weight. The Court […]

Landlord Sexual Harassment of Section 8 Tenants

Landlord Sexual Harassment of Section 89 Tenants

The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) conducts independent audits, evaluations, investigations, and other reviews of HUDs programs to protect against fraud, waste, abuse, mismanagement, and misconduct. HUD OIG’s oversight responsibilities include making timely recommendations to improve the economy and efficiency of HUD programs and operations. In March […]

NY Landlord Attorneys Pay $650k for Frivolous Lawsuits

NY Landlord Attorneys Pay $650k for Frivolous Lawsuits

New York Attorney General Letitia James  secured more than $650,000 from debt collection law firm, Tromberg, Morris, & Poulin, LLC (TMP), and its subsidiary, Stephen Einstein & Associates, P.C. (SEA), for filing frivolous lawsuits. An investigation by the Office of the Attorney General (OAG) found that TMP and its subsidiary often sued tenants on behalf […]

NY Source of Income Antidiscrimination Law Ruled to be Unconstitutional

NY Source of Income Antidiscrimination Law Ruled to be Unconstitutional

In People vs. Commons West, LLC, the Cortland County New York Supreme Court ruled the New York Source of Income Antidiscrimination statute (“SOIA”) to be unconstitutional. The New York Human Rights Law (Executive Law article 15) was amended in April 2019 to make it an unlawful discriminatory practice to refuse to rent or lease housing […]

New York Landlord 2024 Legal Compliance Update

New York Landlord 2024 Legal Compliance Update

Feb 6, 2024 – Landlords and property managers will learn how to comply with federal, state and local laws and avoid common mistakes. Our New York guest attorneys Robert Friedman and Justin Friedman will explain landlords’ rights and responsibilities including: Case studies of complicated evictions. Best practices in tenant application and screening processes. Illegal lease clauses. […]

NY Landlords and Sellers Must Disclose Flood Risks

NY Landlords and Sellers Must Disclose Flood Risks

Due to unprecedented rainfall and disastrous flooding, New York laws require that sellers of residential properties disclose to buyers, and landlords disclose to tenants, known flood risks. NY RESIDENTIAL LEASE DISCLOSURES NY Real Property Law Sec. 231-B, effective  June 21, 2023, requires  every residential lease  disclose any prior flood damage to the leased premises due […]

Landlord Can Reject ESA if Other Tenants Are Allergic

Karen Cohen has a medically documented severe allergy to pet dander that causes nasal congestion, swollen sinuses, excess coughing, and, at times, a swollen throat. Due to her severe pet allergies, Cohen sought an apartment building that did not allow pets. After Cohen moved into her apartment, another tenant, David Clark requested a reasonable accommodation […]

NY Manufactured Home Park Tenants are Protected from Rent Increases

NY Manufactured Home Park Tenants are Protected from Rent Increases

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 […]

NY Tenant Screening Discrimination

NY Tenant Screening Discrimination

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 […]