Let’s say your landlord has gone to court and sued you to force correction of a condition in your apartment you’re responsible for. For example, the lease requires 80% of the floor to be carpeted and you don’t have enough covered. Now you’ve gotten a set of papers saying you have 10 days to correct the condition. The problem is that you’d need more than 10 days to fix things, and in fact, it may not even be necessary. In this scenario, if you have allergies that make carpeting intolerable, the landlord may be required to give you a “reasonable accommodation” for medical reasons. One approach is for your Tenants’ lawyer to petition the court for a “Yellowstone injunction,” which has the effect of halting the 10-day cure period, so the judge can decide if the adjustment is warranted. Obtaining a Yellowstone injunction can be an expensive proposition, and generally is only justified in high stakes situations. However, it is an effective strategy to buy time and may also defeat an attempted eviction. Yellowstone injunctions are used more often for commercial tenants, but can also be applied to residential actions.
Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.
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