Due to expensive rent rates in New York City, many individuals opt to live with roommates. While living with a roommate or co-tenant offers numerous potential advantages, there is also the potential for conflict to arise between the parties, as well as between a landlord and tenants.

It is important to distinguish between roommates and co-tenants, as these parties have different legal rights. When roommates are both named on the lease of a rental property, they are co-tenants and have the same rights and obligations to the premises. In contrast, when an individual rents space to another individual as a roommate, that person is not a co-tenant and does not have the same legal rights.

If co-tenants are no longer on good terms, either co-tenant may try to negotiate with the landlord of a non-rent regulated building to acquire a lease as a sole tenant. For rent-stabilized premises, co-tenants each have a right of renewal and if either wants a new lease in his or her name only, he or she must acquire the written consent of the other co-tenant. A landlord cannot renew a rent-stabilized apartment to only one tenant without the other co-tenant’s consent.

Additionally, neither a landlord nor a co-tenant can take a tenant’s name off a lease that has not yet expired. To do so may constitute an illegal eviction. An individual’s signed lease will establish that he or she still has the right to occupy the premises.

If you are facing a dispute with a co-tenant or a landlord regarding a co-tenant leasing issue, you may want to consult with an attorney. These can be complex, and often time-sensitive, issues and legal counsel may provide a tremendous advantage for a tenant.

Source: New York City Rent Guidelines Board, “Roommate Issues & Leases FAQ,” accessed Aug. 19, 2016

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Finding the perfect apartment in New York can be difficult. Managing location with housing needs with a reasonable budget can be stressful. Unfortunately for some New Yorkers, an already difficult process is made even worse due to the “blacklist”.

What is the “blacklist”?

The blacklist is a list put together by tenant-screening database companies. The information used to put together this list is based primarily on housing court records. Landlords often use this list to help determine whether they will approve or deny an application for housing.

How do people get “blacklisted”?

The two most common ways that a tenant could end up on the blacklist include:

• Eviction. Anyone that is evicted for any reason could be on the blacklist.
• Withheld rent. Tenants may withhold rent for a number of reasons. In some cases, the tenant cannot afford to pay rent. In others, the tenant is using the rent payment as a means to get a landlord to complete a repair or renovation.

When these issues lead to housing court, odds are high the tenant’s name will appear on the tenant blacklist.

Opponents of the use of tenant blacklists argue that they are inaccurate. A recent report by the New York Times discussed these inaccuracies, noting that even tenants that win their cases are put onto these lists.

In an effort to ensure that the information on these lists is accurate, Councilman Benjamin J. Kallos introduced a piece of legislation that would require screening companies to provide a description of the case, including whether the tenant won. This is just one of many proposals pushing to reform this system currently under consideration.

Will blacklists go away?

It is not likely that blacklists will go away anytime soon. However, the various proposals under consideration may result in laws that help to better ensure the lists are more accurate.

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New York City tenants have both legal rights and obligations. For example, they have to make regular rent payments and abide by the terms of their lease. They also have various rights regarding the habitability of the premises and what they may do with the premises. One right that tenants may have is the right to sublease the property, as this blog reported in a previous post.

Despite the potential availability of a subleasing option, however, the process of subleasing does not always go smoothly. Quite often, a tenant may find him or herself embroiled in a landlord-tenant dispute over a subleasing arrangement. When the parties have differing understandings of subleasing options and responsibilities, a legal dispute may arise. In such a situation, a person can benefit from legal counsel experienced in landlord/tenant law.

Attorney Seth Rosenfeld practices extensively in the field of landlord/tenant law. He represents both landlords and tenants in Queens and throughout the city. He will address each client’s unique situation and propose potential options and courses of resolution. Mr. Rosenfeld recognizes that time is often of the essence in matters of real estate law, and he will work to determine a quick solution to a client’s legal issue. If litigation is appropriate, Mr. Rosenfeld will pursue this course of action on his client’s behalf, and his years of experience in the courtroom help ensure that clients receive top-notch representation during trial. Fortunately, sometimes Mr. Rosenfeld can also resolve landlord-tenant disputes without pursuing litigation.

Additional information about the services Mr. Rosenfeld can provide landlords and tenants embroiled in a landlord-tenant dispute is available at our firm’s website.

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New York City landlords and tenants often have disagreements. From issues concerning rising rent payments, to maintenance obligations, it can at times be difficult to maintain an amicable landlord-tenant relationship. One particularly troublesome turn of events that may escalate a landlord-tenant dispute is if a landlord changes the locks on a rental property without providing the tenant with a key.

Under New York City’s Administrative Code, a landlord who changes a resident’s locks without providing the resident with a key has likely violated the city’s Unlawful Eviction Law. Renters protected under this law are those who are tenants or subtenants with a lease, a legal occupant of an apartment for at least 30 days, as well as residents of rent-stabilized hotel rooms who have requested a lease.

Residents who have been locked out of their apartments will need to establish that they are in fact the lawful occupants of the apartment in contention in order to regain access. It may be wise to keep papers proving occupancy, such as a lease, utility bills or rent receipts, with a trusted friend or relative who lives elsewhere, should such documents be needed.

There are multiple ways for a tenant to handle a situation in which a landlord has changed the locks on his or her apartment. He or she may wish to report the illegal lock out to police at a local police station. Additionally, he or she may opt to pursue an “illegal lock out case” in New York City’s Housing Court. An attorney can provide much-needed assistance in such a case, particularly as it pertains to establishing residency of an apartment.

A tenant who has been illegally locked out of his or her apartment may be worried and frightened. An attorney can provide prompt and effective help to resolve such a dispute.

Source: www1.nyc.gov, “Tenants’ Rights and Responsibilities,” accessed August 7, 2016

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Some New York City landlords have taken legal action following a rent freeze in the city enacted by the Rent Guidelines Board. Recently, the New York City Rent Guidelines Board adopted Order No. 48, which has been endorsed by New York City Mayor Bill de Blasio, and places a freeze on rent increases. For one-year leases, rent increases are frozen at zero percent, and for two-year leases, rent increases are frozen at two percent.

This is the second year in a row that this rent freeze has affected rental agreements, and some New York City landlords have taken legal action in Manhattan State Supreme Court. Four Brooklyn landlords, who together own more than one million apartments, have filed a lawsuit asking for judicial intervention in the matter. The majority of the landlords’ apartments are rent-stabilized. The Rent Stabilization Association, a trade group which represents 25,000 landlords in New York City, has joined the landlords in the filing.

The landlords and the Rent Stabilization Association contend that the Rent Guidelines Board exercised powers not permitted under the city’s Rent Stabilization Law in enacting the rent freeze. Furthermore, the landlords contend that the rent freezes negatively affect them and that they are unconstitutional. The plaintiffs are asking that a judge not only annul Order No. 48, but also declare it unconstitutional and require the Rent Guidelines Board to draft a new version that comports with the law.

This recent issue is just one of many circumstances that can affect a relationship between a landlord and tenant. Both tenants and landlords need to be aware of landlord obligations and how current legal issues may affect rental properties. Landlords or tenants who are experiencing issues related to potential rent freezes or rent increases may find that an attorney who is experienced in landlord-tenant disputes can provide helpful guidance on such matters.

Source: courthousenews.com, “Facing Year 2 of NYC Rent Freeze, Landlords Sue,” Josh Russell, July 18, 2016

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A New York City tenant who signs a rental agreement likely plans to use the rental property for the full term of the lease. However, sometimes situations arise in which a tenant wishes to sublease a property. While common, subleasing can raise complex issues between landlords and tenants that may lead to landlord-tenant disputes if not handled properly.

A tenant who sublets a property transfers his or her legal interest in the property to another person. In a sublease, a tenant, known as the prime tenant, will be transferring less than his full interest in an apartment to a subtenant.

Disputes may arise between landlords and tenants when tenants fail to follow the proper procedure for subletting. In New York City, those tenants who live in apartment buildings which have at least four apartments have the right to sublease if they have their landlord’s advance consent. Landlords cannot restrict tenants’ right to sublease completely, but they do have the right to deny a sublease based on reasonable grounds. Significantly, in the event a landlord denies a sublease on unreasonable grounds, a tenant may still sublease. Whether grounds for denial are reasonable or unreasonable is certainly an area from which landlord-tenant disputes may arise.

It is important to note that a tenant who acquires consent from a landlord to sublease is still liable to his or her landlord for rent payments and other obligations of the lease agreement. A tenant who wishes to obtain consent from a landlord to sublease must follow a carefully prescribed process under New York law, including submitting a written request regarding the potential subleasing to his or her landlord.

A landlord or tenant who is facing a dispute regarding a subleasing issue may wish to consult with an attorney who may be able to guide the parties to a potential resolution.

Source: ag.ny.gov, “Tenants’ Rights Guide,” accessed July 22, 2016

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For different renters a landlord fills different roles. For some the landlord is simply a person who collects rent checks every month. For others the landlord represents the entity charged with keeping the building safe and secure. For everyone, however, the landlord-tenant relationship can be complex when there is a dispute to be resolved.

One issue that arises far too often is renters who are injured on the property. Many injured New Yorkers are hesitant to file a lawsuit for fear of retribution – or they simply don’t understand their rights.

Can you sue your landlord? Yes.

While The Law Office of Seth Rosenfeld, ESQ., doesn’t necessarily handle personal injury cases, we have a long history representing clients through even the most complex landlord-tenant disputes. By representing both landlords and tenants in our practice, we have gained a clear insight into how disputes can be resolved quickly and efficiently.

An injury – even a seemingly minor slip-and-fall – can have long-lasting repercussions to your health. Landlord-tenant disputes, from evictions to rent increases to unsafe common areas, must be handled with close attention to the goals and motivations of both parties and various New York statutes.

Accidents can come in many forms, including:

• Falling on a defective stairway
• Tripping over torn carpeting or broken tiles
• Slipping on wet surfaces
• Falling from an unstable balcony
• Being scalded by hot water from a faulty water heater

Additionally, a landlord who fails to ensure the security of his or her tenants can leave the entire building open to physical or sexual assault.

If you suffered an injury due to the negligence or inattention of your landlord, it’s important that you get the facts and understand your legal options. You might be afraid to challenge your landlord, but, in many situations, you are entitled to seek monetary compensation for lost wages, medical bills, and pain and suffering. Make sure to learn your rights before making a snap decision.

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A New York City tenant involved in a dispute with his or her landlord can feel overwhelmed and unsure of where to turn. A tenant, whether residential or commercial, relies on his or her rental property for basic housing needs or to run a business. When a tenant feels as though his or her tenancy is threatened, it can be a daunting situation.

Knowing where to turn in the face of a landlord-tenant dispute is one of the initial hurdles many tenants must confront. Fortunately, there are many potential routes to resolution when a dispute arises, whether regarding a rental agreement, issues of habitability or other matter. Sometimes landlords and tenants may resolve outstanding issues in New York City’s Housing Court, as this blog reported in a previous post. Other times, effective negotiation between the parties may resolve a dispute quickly and seamlessly.

However a tenant opts to pursue resolution in the face of a landlord-tenant dispute, he or she can benefit from the effective legal counsel of Seth Rosenfeld. Mr. Rosenfeld has successfully represented both landlords and tenants for over a decade. From issues of illegal subleasing to lease negotiation, Mr. Rosenfeld will ensure that his clients’ needs are thoroughly represented. He recognizes that finding a solution to a landlord-tenant dispute is a time-sensitive matter, and he will work to resolve outstanding disputes quickly and efficiently.

Additional information about Mr. Rosenfeld’s services and how he can assist both landlords and tenants in New York City’s often tumultuous real estate market is available at the following webpage. Mr. Rosenfeld offers free initial consultations.

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New York City commercial tenants have many potential issues with which to contend. From standing out amid the competition, to advertising, to potential landlord-tenant disputes, there are many issues that might arise in the daily life of a commercial tenant. Under a new law, however, they may have one less concern.

Recently, New York City Mayor de Blasio signed into law an amendment to the New York City administrative code known as Introduction Number 851-B. The law is designed to eliminate harassment by landlords of small businesses and other commercial tenants by imposing penalties on offending landlords. In the event a commercial tenant is harassed by a landlord, that tenant may bring a cause of action in court. A successful cause of action may result in a civil penalty for a landlord of between $1,000 and $10,000. Additionally, a court may also impose punitive, compensatory, equitable and injunctive damages as it deems appropriate.

Commercial landlord harassment may take many forms. From a landlord discontinuing a basic service such as electricity or heat, conducting unnecessary repairs or construction that interferes with a tenant’s business operations or preventing tenants from entering the premises, landlords who exhibit this sort of behavior are often trying to get a tenant to agree to a substantially higher monthly rent payment than initially agreed to under a commercial lease. Additionally, a landlord may harass a tenant by repeatedly bringing frivolous lawsuits against a tenant.

This legislation is particularly good news for New York City small businesses. A business owner who is dealing with harassment from a commercial landlord may wish to consult with an attorney regarding his or her legal options in light of this new law.

Source: amsterdamnews.com, “New York City enacts commercial tenant harassment reform,” June 30, 2016

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There are many reasons why a person might choose to rent a home rather than purchase one. The legal terms, obligations and responsibilities contained within individual rental contracts vary. It is crucial that anyone entering such an agreement have a clear understanding of all written formalities before adding a signature to the bottom line. This is often a key factor in avoiding landlord-tenant disputes further down the line.

The law protects a person renting a residence from unjust eviction. This means that a landlord cannot simply kick you out of your home without adhering to the regulations that govern such matters. Typically, written notice must first be given to a tenant before an eviction takes place. It is also normally required that a landlord inform a tenant as to why he or she is being evicted.

If a landlord’s complaint has to do with smoking, pets or unpaid rent, a tenant may be given a certain amount of time to rectify the situation before being forced to leave the residence. Such situations are often complicated and a tenant may find it less stressful to seek legal guidance in the matter. This would obviously be beneficial if a landlord has filed a lawsuit against a tenant who has refused to vacate a residence.

In rare cases, landlord-tenant disputes may involve calls for eviction without an opportunity to remedy a situation. Such situations might include allegations of illegal activity or repeated violations of the terms of a rental agreement. At any rate, a tenant threatened with eviction is able to request that an attorney act on his or her behalf when addressing such matters with a landlord.

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