NYC Tenant Lawyer Blog

If You Lose Your Apartment in a "Personal Use" Suit, Keep Tabs on the Landlord

If your landlord manages to break your rent-stabilized tenancy by claiming the apartment for his or her personal use, or the use of a family member, the law requires that “use” to last for at least three years. If a Court awards the apartment to the landlord, and it isn’t occupied for personal use for at least that length of time, penalties can be imposed on the landlord. Note that if you make a deal with the landlord and agree to leave in exchange for certain benefits, you may forfeit the opportunity to bring this suit within the three-year window. The landlord must obtain a judgment against you without your consent, forcing you to leave, in order to for you to retain that right. So if you are thrown out, stay friendly with the neighbors or doormen, and check in with them once in a while to see what’s going on.

Attention New York City Tenants: Get more information on personal use suits 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.

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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 2010 McAdams Law

Start a Private Nuisance Lawsuit: An Antidote to Unruly Neighbors

While it’s true that if you’re having trouble with problematic neighbors, the landlord has responsibility to take corrective action, it isn’t always quite that simple. There is a limit to a landlord’s control over neighbors.

In addition, if you sue the landlord, you can become subject to blacklisting, and the consequences may be not be worth it. But what you can do is bring a private suit in New York State Supreme Court against the neighbors for being a nuisance. If you can prove that they are interfering with your quiet enjoyment of the property in a substantial way, and are acting in a manner that is intentional and unreasonable, you have the basis for a successful suit.

As a practical matter, you may find that a lawyer’s letter threatening legal action does the trick in getting the villains to stop annoying you. Most people are afraid of getting embroiled in a lawsuit, and assume that it’s likely to cost them a lot of money. So, consider starting with a lawyer’s letter, and follow your attorney’s advice from there.

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

Another Way the Landlord May Try to Take Over Your Apartment

Individual landlords have a right not to renew rent-stabilized leases if they can prove their intentions to employ the units for “personal use.” Legally, personal use includes property owners or members of their immediate families. A variation on this theme is the landlord who claims to want a unit for business use, such as turning your apartment into a management office. In this instance, the landlord must persuade the Division of Housing and Community Renewal (“DHCR”) to authorize eviction of a residential tenant for business purposes. Once again, there is a legal obligation to supply evidence to support that position, but it can be a legitimate threat to your lease. Fortunately, it’s not quite a cut and dried issue. The landlord’s proof can be refuted. If you find yourself in this situation, it’s not advisable to attempt to represent yourself, as handling various aspects of these cases can be very complex. Note that if your building or apartment is owned by a corporation or partnership, the landlord cannot seize the unit for personal use.

Attention New York City Tenants: Get more information on personal use suits 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 2010 McAdams Law

What a "Yellowstone Injunction" is and How It Protects You from Landlord Legal Action

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.

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

Three Elements to Negotiate If You Lose Your Tenancy

Not every Landlord Tenant dispute has a positive outcome for the tenant. Landlords frequently prevail in Housing Court. For example, if you just can’t come up with the money for back rent due, or the current rent, then no matter what steps you or your lawyer may take, sooner or later you will have to relinquish your rights to occupy the apartment.

That being said, if in consulting with your attorney you anticipate having to leave, there are several elements that can be negotiated to your advantage. Three examples, among others, are: what happens to the security deposit, the actual date of vacancy, and attorneys fees.

Landlords know that even if they win, it can be an extended period of time before they gain control of the unit. Your lawyer may be able to negotiate return of your security deposit and discontinuance of claims against you for payment of the landlord’s legal fees, if you agree to move out earlier than otherwise.

There are of course situation-specific variables in every case, and whatever is agreed to will have to be properly documented in writing. However, one client who recently had to vacate her apartment was able to save $7,000 by effective negotiation, releasing her from a financial burden and making it easier to get resituated in a new place to live.

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

Scrutinize Process Server Records to Protect Yourself Against "Sewer Service"

Landlord Tenant law has strict requirements for how papers are to be served. Process servers are sometimes sloppy in adhering to the rules – this is called “sewer service.” One effective method of having a case dismissed in an eviction proceeding is for your attorney to examine the process server’s records, and then see if they are internally consistent. For example, the process server swears to a particular time that the papers were served on you, say at 9:00 in the evening. If records show that the previous set of papers he served on another litigant was at 8:45 that same night, but the prior location was 10 miles away, it’s clear that the time he claims your papers were served can't be accurate. So his credibility is undermined with the court, which can be enough to get the landlord’s case is thrown out. This buys you more time, and can result in other legal advantages. But it’s probably not something you could easily do yourself, as a “pro se” litigant handling your own defense, since detailed legal research and cross-examination of the process server may be involved.

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