NYC Tenant Lawyer Blog

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.

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212-406-5145
Fax: (212) 619-0714

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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