NYC Tenant Lawyer Blog

If You End Up In Court, Ask For A Concession Before You Agree To Pay Rent

Many cases for nonpayment of rent are ultimately settled. Generally, settlements cannot be appealed. So it’s important to be careful what you agree to, because you’ll be stuck with it unless you go back to Court again to revisit the dispute. Settlements are formalized in a legal document called a stipulation, which outlines the terms of what both sides agree to.

If you’ve withheld payment of rent due to bad conditions in your apartment or building, negotiate for a reduction in rent to compensate for the loss of services. This is called a “rent abatement.” You should make sure repairs begin before you pay anything. Do not pay the full balance before repairs are done.

If you can’t pay all the back rent due immediately, see if you can get the landlord to agree to a pay-out arrangement. The landlord’s lawyer will usually say you can’t have a rent abatement and an extension of time to pay, but there isn’t any reason you can’t have both if your negotiating hand is strong enough.

The reality is that most people aren’t good negotiators, and even those who are skilled don’t always do so well when they’re negotiating for themselves. Tenant lawyers handle these negotiations all the time, and the concessions a legal professional gets are often far greater than what you are able to obtain by yourself. It’s also a good idea to have your own attorney read the stipulation and explain it to you before you sign it.

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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McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2011 McAdams Law

Better Know How Much Your Roommate Makes

With recent changes in the law, if you live in a stabilized apartment and the rent is over $2,500 a month, the unit can be deregulated and subject to market rates under certain conditions. If the total income of the occupants exceeds $200,000 for two years in a row, you can lose stabilized status. So that means if you take in a roommate, you need to know specifically how much income he or she brings in each year, because it will count towards the total. If your earnings and the roommate’s together exceed the $200,000 threshold over a two-year period, you will lose your rent-stabilization protection. For example, if the roommate has a part-time job when first moving in and earns enough to cover expenses, and then later get a full-time position paying far more, it may jeopardize your regulated lease. Think carefully about who you share your place with.

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.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2011 McAdams Law

Each Incident of Harassment Can Cost Your Landlord $5000

If you’re a victim of harassment and live in a rent-regulated unit, your landlord may be subject to a fine of up to $5000 for each offense. Harassment is any behavior that is intended to pressure a tenant to relinquish rights or vacate an apartment, or that violates a tenant’s right to privacy and quiet enjoyment of the property. This can include verbal abuse, physical violence, unwarranted eviction threats, interruption of services, damage to personal property, and sexually-oriented remarks or gestures, or any other conduct that is intended to intimidate you. Landlord misrepresentation to tenants about what the law requires can also be deemed harassment. Needless to say, harassment claims depend on case-specific facts that have to be adequately proved in Court. In certain instances, harassment can also be charged as a felony.

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. Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2011 McAdams Law

Get the Landlord's Case Dismissed with a Multiple Dwelling Law Violation

In New York City, if your building has three or more apartments or rooms that are separate living quarters for you and other tenants, legally it must be registered as a multiple dwelling. Sometimes owners of small properties do not comply with this requirement to escape a range of costs associated with formal registration.

For example, some legal two and three-family homes have tenants in illegal rentals of attics and basements, which have been converted into apartments. If you live in a unit like this and have a dispute with the landlord, especially when there are unsafe conditions, it can give you some leverage.

Showing the court that the property has an illegal rental, and you didn’t know it when you moved in, can persuade a judge to decide that you don’t owe rent. Housing Court may dismiss the landlord’s case because the property is a “de facto multiple dwelling,” meaning that facts indicate it falls within the legal classification of a multiple dwelling, but is not registered as one.

As a practical matter, this can buy you time and save some rent costs. But the landlord will then probably register the property as a multiple dwelling and sue you again in Housing Court, or bring the case in State Supreme Court.

Once any registration requirements are met and violations are corrected, you will start to owe rent, which the landlord can initiate a non-payment suit to collect, and possibly evict you. Even if the lawsuit isn’t successful, you may eventually face loss of your lease, because if your apartment isn’t rent-stabilized, the landlord isn’t obligated to renew it. Buildings with less than six units generally aren’t rent-regulated.

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.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

If You're Not Careful, Running a New York City Home Business Can Lead to Eviction

The number of renters who work from their apartments is rising. Some tenants have moved an enterprise from commercial to residential space to cut expenses, while others have started a home business due to lost employment. Many landlords try to use this as a “reason” to evict. If you get a dispossess notice, citing a lease violation because you’re running a business or professional practice in residential space, you’ll need to prove that you are not breaching city statutes and codes. The landlord may also claim you’re breaking city or state laws, are a nuisance to other tenants, creating security problems, or overloading building systems with extra traffic. If not effectively opposed, these assertions might result in eviction. Consult a Tenants’ attorney before making any changes in your unit or its use that could be portrayed as burdening or endangering the building or its occupants, or that might raise an issue about zoning compliance. Of course, if your business operations are quiet and unobtrusive, you are less likely to come to the attention of the landlord to begin with. You can get more detail on this topic here .

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.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

Illegal Activity in Your Apartment Can Get You Evicted

You’ve invited a group of friends over for a party. Someone is smoking a joint. It’s late. It’s loud. A neighbor calls the cops to complain about the noise. When the police arrive, they smell marijuana and make an arrest. Tenants are responsible for what goes on in their homes. You may end up facing criminal charges and also be subject to eviction. Prohibit anyone in your home from engaging in any kind of illegal activity. Or you may find yourself living someplace else.

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.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law