Category Archives: Landlord / Tenant Law

Can a NY Section 8 Tenant With an ERAP Application be Evicted for Nonpayment?

Can a NY Section 8 Tenant With an ERAP Application be Evicted for Nonpayment

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. […]

Can NY Landlords Restrict the Specific Breed of an Emotional Support Animal?

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 […]

Does Rochester, NY Have the Highest Number of Evictions?

Does Rochester, NY Have the Highest Number of Evictions?

Does Rochester, 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 Rochester, are evicting tenants in greater numbers than almost anywhere else in New York State, except for Brooklyn. There […]

Rochester, NY Landlord Who Violated Lead Protection Laws Ordered to Pay $5.1 Million

Rochester, NY Landlord Who Violated Lead Protection Laws Ordered to Pay $5.1 Million

Questions about lead paint poisoning? Read about a Rochester, 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 Rochester-area landlord whose flagrant and egregious violations of lead safety laws resulted in more than two dozen […]

NY Landlord Did Not Prove Nuisance in Order To Vacate ERAP Stay

Landlord Did Not Prove Nuisance in Order To Vacate ERAP Stay

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. […]

Landlords Must Provide Reserved Parking Spaces for Disabled Tenants

Landlords Must Provide Reserved Parking Spaces for Disabled Tenants

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 […]

New Eviction Notice Required in Erie & Suffolk Counties, NY

New Eviction Notice Required in Erie & Suffolk Counties, NY

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 […]

NY Attorney General Cracks Down on Tenant Blacklisting

NY Attorney General Cracks Down on Tenant Blacklisting

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 […]

What Are the Most Common Pitfalls That Should Be Avoided in Creating an LLC For A Rental Property?

What Are the Most Common Pitfalls That Should Be Avoided in Creating an LLC For A Rental Property

Robert Friedman is part of the recently released American Apartment Owner’s Association’s RENT Magazine. This magazine focuses on how to invest despite rising interest rates, smart tax saving strategies, best-selling books for landlords and the latest rental industry updates on new prop tech, evictions, tenant screening, and more. You can read Robert Friedman’s article online for […]

NY Attorney General Shuts Down Landlord Who Exposed Children to Lead Poisoning

NY Attorney General Shuts Down Landlord Who Exposed Children to Lead Poisoning

New York Attorney General Letitia James announced an agreement resolving her lawsuit against landlord John Kiggins and his company, Endzone Properties, Inc., for failing to protect children from lead paint hazards in Syracuse. The lawsuit, filed in October 2021, alleged that Kiggins and Endzone endangered the health of its tenants, primarily children, by repeatedly violating lead paint […]