NYC Tenant Lawyer Blog

Get a Loft Lawyer

Without knowing it, you may be living in a loft. Lofts are numerous in pockets of New York City. Protections that are similar, but not identical, to rent regulations applying to apartments, cover loft tenancies. Whether or not loft laws apply can make a big difference in the outcome of court proceedings. Loft Laws concern buildings that were formerly used for manufacturing, warehousing, or commercial purposes, and not residentially. Under the latest amendments to the law, three or more units must have been used for living space in twelve months out of the two year period between January 2008 and December 2009. If questions about your living in an apartment of this kind arise, find an experienced tenants’ attorney who has actually handled loft cases in court and at the Loft Board.

Attention New York City Tenants: Get more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

When to Forward Mail to Your Attorney

One ploy unscrupulous landlords have used is suing for rent after the tenant moved out, claiming the apartment was never surrendered. Your first defense to this is carefully documenting the end of your tenancy and return of the premises to the landlord. If you suspect the landlord may attempt something like this, you can also have your lawyer follow up with additional correspondence to confirm your departure and surrender of the unit. This shows your landlord you are represented and can defend your rights, so he or she should think twice before starting a fight. The landlord shouldn’t get away with collecting double rent if the unit has been leased to someone else. For this reason it’s also a good idea to stay in touch with neighbors to learn if and when the apartment is re-rented.

Attention New York City Tenants: Get more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Landlord Tricks With Walls

“First rent” is a principle of law that applies to certain legal rents and registrations after construction work qualifies renovated apartments as new units. For example, if the landlord changes walls in an apartment with the effect of increasing or decreasing it’s overall size, the “first rent” provision may come into play.

When a landlord alters a rent-stabilized unit to transform it into an apartment that did not exist before the construction, he or she may lease it out as a new, unregulated apartment. This may justify a rent increase above one calculated on the base rent charged for the old apartment, even if the difference in rent is beyond amounts the rent stabilization guidelines have established. After all, the landlord’s lawyer might argue, the apartment is not the same unit it previously was, in terms of space or configuration, so the first rent doctrine should apply. The fact it was formerly rent-regulated may never be discovered unless a tenant is able to research the building’s registration history of rent rolls, alteration permits at the Department of Buildings (“DOB”), amendments to the certificate of occupancy (“C of O”) at Housing Preservation and Development (“HPD”), etc.

If the tenant is able to show that the unit is substantially the same as it was before, with only minor alterations, a judge might agree that the apartment should still be rent-stabilized, giving the tenant a right to renew the lease, possibly at a lower rent. You might also be awarded substantial damages for the landlord’s overcharging.

If you learn that the landlord claims your unit was reconstructed, do your homework. Check the websites of the DOB for alteration permits and HPD for amendments to C of O filings, and try to get certified rent history printouts for your apartment from Homes and Community Renewal (formerly DHCR, the Department of Housing and Community Renewal).

A Tenant’s lawyer might be able to give you further advice in these investigations. Sometimes there are complicated elements to these cases. For example, your unit may have a rent history listed under different apartment numbers. However, it can be worth investing the time to look into details, because in the end you might have a rent overcharge case and get triple damages. There’s no guarantee the court will agree with the landlord, and with skillful representation you may win.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Protect Your Privacy

At times, landlords will send out forms to tenants asking for personal information. Unfortunately, sometimes supplying what appears to be harmless data that’s being reasonably collected can be dangerous. Income, occupancy, and other data may be used against you. So be wary of revealing anything you aren’t legally obliged to. If the landlord sends you questions, check with a Tenants’ lawyer to be sure of your rights before you fill out and send in anything. While you are legally obligated to report certain information, there generally is no advantage in saying more than you absolutely have to.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Don't Admit to Back Rent Due Without Taking to a Lawyer First

What you say can and will be used against you. That’s the rule to keep in mind whenever you’re in court. In a landlord-tenant dispute, the most common bone of contention is back rent. Tenants often think they owe the full past due rent, when in reality there may be many factors and applicable defenses to paying the full amount, or even part of it. At the very least, negotiation might reduce what you owe, or give you extra time to pay. Negotiating for yourself successfully can be hard. Hiring a Tenants’ lawyer to handle it for you may save money that you would otherwise have paid. Depending on the facts of your case, that can more than make up for the cost of representation.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Unlicensed Help May Be Problematic

In an effort to curb costs, landlords sometimes use unlicensed workers for construction and repairs. This can have serious consequences when work involves major building systems.

For example, defective work from unlicensed plumbers can damage the building or make your apartment uninhabitable. Whenever defective conditions affect your use of the apartment, you can sue in Housing Court to require the landlord to repair them. If you show unlicensed workers caused the damage, you can request that repairs be performed by licensed professionals. You may also be entitled to a rent abatement, or reduction in rent, to reflect any loss of services.

Another example would be if your landlord says that workers must break into your walls or ceiling to correct some defect. Ask for the expert’s credentials. You can request that the workers be licensed. However, at this point, with the prospect of major damage to your unit looming, it's probably worth it to consult a Tenants’ lawyer about your rights. You might also want to get an opinion from your own architect, engineer, or contractor as to whether the intrusion is actually going to be useful or necessary, or if a less disruptive solution exists.

If you raise these claims, the landlord may sue to evict you, claiming you’re interfering with necessary repair work. Your attorney can defend the request for licensed repair personnel, and counterclaim for a rent abatement if there’s a loss of services. If you agree to settle a conflict, your lawyer can negotiate to compensate you for losses occasioned by the defective conditions.

So if you have problems with repairs, inquiring if the workers are licensed may give you leverage in a dispute. It might also help you avoid one.

Attention New York City Tenants: Get information on bad conditions in your apartment at the McAdams Law main site 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 2012 McAdams Law

Do Your Homework Before Calling the Landlord

If you see that a problem you’re having with your landlord may develop into a full-blown dispute, research the issues before saying or doing anything rash. Frequently, difficulties between landlords and tenants cause tempers to flare; situations which could be handled better turn into bad blood and unnecessary legal expense.Start with the free information available from an Internet Search (but beware of inaccuracies). Of course nothing takes the place of advice from a competent tenants’ lawyer. But at least you’ll have an idea of the legal terrain. Read up on it so you don’t forfeit important rights without knowing about them. Solid information puts you in a stronger position to formulate a strategy for working toward an advantageous compromise in which both sides preserve what is most important.This strategy minimizes the risk of saying or doing something which may have unexpected consequences … and may even cost your tenancy.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

You Don't Owe Landlord Legal Fees Unless the Court Says So

If you litigate with your landlord and reach a settlement under which you will pay what you agree you owe, it does not automatically make you liable for the landlord’s legal costs. Unless you agree to it outside of the court’s ruling, only the court can award payment of legal fees. Until this has happened, you can’t be forced to pay for the landlord’s lawyer. However, this won’t stop some landlords, or their attorneys, from attempting to collect attorneys fees from you without a court order. Depending on the facts of your case, these attempts might violate certain Fair Debt Collection laws. It would be to your benefit to consult a lawyer about potential remedies available under these provisions, and what additional legal leverage you may have to help achieve a settlement.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Unique Claims That Can Be Argued

Landlord-tenant disputes can have unique facts. Sometimes unusual fact patterns seem to fall outside existing regulations. In making a determination, the judge may have discretion in applying the law.

For example, let’s say you are living in an apartment where the original leaseholder, a family member, moved out. Every year he or she renews the lease for you. You pay your rent directly to the landlord, on time every month by personal check. Further, the landlord has been fully aware of this arrangement when accepting every renewal lease. Now, you have a fight with the landlord, and next thing you know a set of eviction papers is taped to your door. The documents say you are not the leaseholder and must go.

Situations like this raise many issues. Are succession rights available to you? Maybe, maybe not. Is it a sublet, or were you a roommate? It depends. The point is, there’s room for interpretation. A skillful Tenants’ lawyer may know how to argue to your advantage, even when the law isn’t clear or fully on your side.

In this illustration, if properly argued, the judge may decide that since the landlord accepted your rent and renewals, while knowing of your presence and the original leaseholder’s departure, you are entitled to stay. A persuasive argument can make all the difference in the world to a successful legal outcome, even when the law doesn’t apply in the usual way to the specific facts.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law

Letters and E-mail with Proof of Sending

When you need to communicate with an unresponsive landlord to make requests or document facts, it’s best to follow up on conversations with standard paper letters, in addition to e-mail. You can send letters by certified mail, or with a “certificate of mailing” from the post office. In court, your position is stronger when you show that you gave notice as quickly as possible and sent reminders by every means available, including speaking in person, by telephone, sending electronically, and delivering by mail. Maintain a log recording the time and date of each event. Print out the email message indicating to what address you sent it and when, along with any electronic return receipt, so you can show hard evidence of notifying the landlord of your concerns. This comprehensive approach makes it difficult for the landlord to claim that e-mails, letters or other notifications were never received. Concrete records as evidence help to destroy the believability of denials of getting notice.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site 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 2012 McAdams Law