NYC Tenant Lawyer Blog

If You're Disabled, The Landlord Must Make "Reasonable Accommodations"

Tenants with disabilities have protections under the Federal Fair Housing Act Amendments. Under anti-discrimination laws, you are “disabled” if you have a physical or mental impairment that interferes with a major life activity, such as working, in a substantial manner. If you have a disability, your landlord must make reasonable accommodations to facilitate your using the apartment, such as supplying grab bars in your bathroom, allowing a companion animal, or providing a parking spot close to your unit. To be required, the accommodation’s cost to the landlord cannot be excessive, significantly alter his or her business operation, or pose a danger or discomfort to other tenants. Start by sending a certified letter to the landlord with your request and why you ask for it. If the landlord refuses, you can take legal action to enforce your rights.

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 2012 McAdams Law

Primary Tenant Liability for a Sublet

If you sublet your apartment and the landlord illegally evicts your subtenant, you have potential liability. In New York City, evicting people without court process is a crime. If the landlord does it, you can have “vicarious liability,” which means that you can be held liable for the landlord’s wrongful acts.

For example, let’s say you are leaving the state for a while, so you sublet your unit. The subtenant doesn’t pay the rent to the landlord. The landlord then locks the subtenant out of the apartment illegally. You might not find out it has happened until after the fact. You, as primary tenant, could face serious legal consequences, up to and including having to defend civil and criminal charges.

This is just one of the reasons it’s so important to structure sublet transactions properly, to give you control over timely rent payment, and sufficient oversight so you can avoid any problems.  If you have doubts about whether the landlord will abide by the law in dealing with your subtenant, it may be unwise to sublet your apartment. 

Regardless of what you choose to do, consult a lawyer before you finalize things to be sure the transaction fully abides by the sublease laws, and to plan for any potential difficulties that may arise. 

Attention New York City Tenants: Get more information on subletting at the McAdams Law main site here:

• Sublet Cases

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

Deadly Danger to Your Tenancy: The 72 Hour Notice that Never Appears

What happens if you’ve been fighting in court with your landlord over back rent and after you agree on a payment schedule, you can’t make required payments? The landlord will then take the last steps to evict you. If, like most, your agreement gave the landlord a judgment with a warrant, the marshal can remove you from the apartment very swiftly. It  usually happens after six business days following his delivering a marshal’s notice to the premises, often called a “72 hour notice.” Unfortunately, if you never receive it, your eviction might come as a complete surprise. So if you miss any payment set out in the stipulation, you take a big risk if you wait for the 72-hour notice. Instead, look for a way you can make up for your failure to pay on time. If there is an explanation for your not paying or a way you can get back on track with the agreement, go to Housing Court and ask the clerk for the papers to get an Order to Show Cause. When the judge signs it and you follow its directions, it can give you an opportunity to explain your circumstances to the judge and “show cause” why you shouldn’t be evicted. This may give you the time you need to get the money.

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