For New York residents in Queens and elsewhere, it is not uncommon to rent a home or apartment. While it might not be the first time a renter enters into a landlord-tenant agreement, a rental agreement typically contains terms regarding the length of the lease, what is required by each party and conditions that could invalidate the agreement.

Although many of the terms contained in a lease are boilerplate and are similar from one rental agreement to the next, specific reasonable terms could be added to the agreement. Nonetheless, when it comes to evicting a tenant, landlords are required to meet certain requirements when making a valid eviction. Failure to do so could result in an unlawful eviction.

There are several reasons, often laid on in the rental agreement, which could result in a tenant being evicted. Typically, a valid eviction exists when a tenant fails to pay rent, is harboring pets or persons unauthorized to reside at the premises under the terms of the lease or conducting criminal or illegal activities within the rental premises.

If there is a valid reason to evict a tenant, a landlord cannot evict a tenant without giving proper notice first. This means that the landlord must provide written notice to the tenant, alerting him or her that they are in default. If the tenant fails to take action to fix the default within a reasonable amount of time, a landlord must file a formal court eviction proceeding if the landlord seeks to officially evict a tenant.

The formal process is commonly referred to as a forcible entry and detainer because the landlord alleges that a tenant is unlawfully using and in possession of the rental property. Therefore, the landlord seeks the assistance of the court to have the tenant removed from the rental property.

If a landlord fails to take proper steps to evict a tenant or if a tenant believes that they were unlawfully evicted, he or she might have recourses available. A landlord-tenant dispute often arises when both parties do not agree to the terms of an agreement or believes one party is in breech. Therefore, it is important to understand what options are available to those dealing with an eviction and what can be done to remedy the matter.

Source: Realestate.findlaw.com, “Eviction and Unlawful Detainer,” accessed June 27, 2016

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New York City is home to a tremendous amount of people. These individuals and families are often renters in apartment buildings, and sometimes, disputes may arise between landlords and tenants regarding the condition of a rental property.

When a dispute arises, sometimes a tenant may opt to bring a case against a property owner in New York City’s Housing Court. Tenants may bring what are known as HP actions when essential repairs have been neglected, or if a landlord has failed to provide a basic service such as hot water or heat to a building.

Additionally, if a tenant believes that he or she is being harassed, a tenant may opt to pursue remedies through Housing Court. Alleged harassment may occur in the form of repeated interruptions of basic services, removal of the tenant’s possessions, the use of force or threats, being a defendant in repeated baseless court actions, tampering with or removing locks on a tenant’s rental property, or otherwise substantially interfering with a tenant’s repose, peace, quiet or comfort. A tenant who pursues an action related to harassment may seek a civil penalty against a landlord, as well as the imposition of a court order that will stop a landlord’s harassment.

A New York City tenant who is considering bringing a case in Housing Court, or a landlord who is facing a case in Housing Court, may benefit from legal counsel. Each party has rights and obligations that deserve protection and an attorney can advise on the intricacies of New York City’s landlord/tenant law.

Housing Court can be a place where disputes are resolved, but it may also be possible to resolve a landlord-tenant dispute without pursuing remedies through Housing Court. An attorney may be able to provide advice regarding the available options.

Source: nyc.gov, “Housing Court,” accessed June 17, 2016

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Real estate law is like a hydra. The mythical beast with many heads has more in common with real estate transactions then you may realize. It seems each time you tackle one issue, others arise.

Putting together and reviewing initial offer documents, addressing inspection issues, conducting title searches and navigating closing issues are just some of the more common real estate matters that may require attention.

More obscure issues can develop. An interesting case involving the Google of real estate properties showcases just how complex real estate law can be. In this case, as real estate law issues branch out into the realm of business law the analogy to a hydra becomes more apparent.

Zillow takes on Realtors

The lawsuit involved allegations of stolen trade secrets. The accusations came from Dow Jones, owner of the company that runs the website for The National Association of Realtors, Realtor.com. According to Dow, Zillow had hired executives from the company in charge of running Realtor.com. By hiring these individuals, Dow claimed Zillow was now privy to Realtor.com’s trade secrets.

If true, it would be possible that Zillow could use this information to have an unfair advantage over Realtor.com. Could Zillow provide data on the real estate market that would otherwise not be available? Would potential buyers of property have information without using licensed Realtors? How could access to this information impact real estate transactions? These are just a few of the questions that may have been addressed if the case had gone to court.

Ultimately, Zillow chose to settle the lawsuit instead of fighting the allegations in court. Zillow is adamant that they did nothing wrong, but decided to settle the lawsuit so the company could focus instead on growth and innovation.

What can I learn from this lawsuit?

Although this lawsuit does not have a direct effect on everyday real estate transactions, it does showcase the many moving parts of real estate law.

Buyers and sellers of property can use this case as an example. Not all the moving parts of real estate law are apparent. Additional issues may be present under the surface. As a result, it is often wise to seek legal representation to review a real estate transaction before finalizing a deal.

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New York City landlords have legally required repair and maintenance obligations for their rental properties. When landlords fail to make required repairs, and perhaps even refuse to do so, tenants may feel overwhelmed. Fortunately, tenants do have options of which they should be aware.

Tenants who live in privately-owned buildings may first wish to contact the building superintendent, property owner or managing agent to discuss the needed repairs. If the aforementioned person does not respond to a tenant’s inquiry, it may be wise for a tenant to write a letter to the property owner and notify him or her of the existing problems, as well as request that the repairs be completed by a particular date. It is smart for a tenant to mail this letter via certified mail, and send it to the management company as well, making sure to keep a copy for his or her records. Subsequently, if a landlord still does not respond to a tenant’s request, a tenant may opt to contact the property owner by phone or in person and notify him or her that he or she anticipates filing a complaint regarding the ignored repairs. It is always a good idea for a tenant to keep a record of his or her contact with a landlord.

When a landlord continues to ignore repair obligations, it may become necessary to file a formal complaint. Additionally, a tenant may opt to bring a legal case called an HP Action in Housing Court against the property owner. An HP action is designed to force a landlord to make legally required repairs.

These steps may seem overwhelming for a tenant. An attorney can help guide a tenant who has questions about his or her rights and a landlord’s obligations through the process and provide much-needed assistance.

Source: nyc.gov, “Tenants’ Rights and Responsibilities,” accessed June 10, 2016

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Typically, when signing a new lease, a New York City tenant will be required to pay a security deposit. A security deposit is a sum of money paid to a landlord which is designed to act as security to ensure that the tenant will comply with his or her responsibilities under the lease, including payment of rent owed.

When a tenant pays a security deposit, it is wise to request a receipt from the landlord, if not already provided. The receipt should specify how much a tenant paid for a security deposit, when it was paid, the name of the person who received the payment, the intended use of the security deposit, as well as the signature of either the landlord or the landlord’s agent.

It is always wise for a tenant to confer with a landlord and agree on the condition of the premises when a tenant takes possession. A tenant may be smart to obtain a signed statement of the property’s condition, including a list of any damages that exist when the tenant takes control of the premises.

It is not intended that a landlord will keep a security deposit beyond the termination of a tenancy. After a tenancy ends, a landlord has a fixed time within which he or she must return a tenant’s security deposit. If a tenant has caused damage to the premises, however, a landlord can deduct from the security deposit an amount that is reasonably necessary to pay for the damage, included pet damage. If there is damage, landlords generally have to provide tenants with notice of the damages and the repairs that will be necessary to fix the damages, as well as written evidence of either the actual or estimated costs of repairs. It is important to note that a landlord cannot use the security deposit to pay for reasonable wear and tear that occurs with normal use of the premises.

Landlords or tenants who have questions regarding security deposits may find that an attorney can provide helpful counsel.

Source: FindLaw, “Security Deposit Basics,” accessed June 3, 2016

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New York City landlords and tenants sign many thousands of commercial leases every year. These leases differ from residential leases in that the lessee is renting the property for commercial purposes. It is important to be aware of how a landlord-tenant dispute might arise in a commercial lease situation.

One particularly troublesome area of commercial leases that might give rise to a dispute is through what are known as use and exclusive clauses. Use clauses define how a tenant may use the property. Some clauses may be broad, allowing a wide variety of uses, whereas some may be specific and put extensive use restrictions in place. A lease that contains a specific use clause may prevent a business owner from expanding his or her business in the future, or restricting a desired form of advertising. An exclusive clause may grant a tenant permission to do something that another tenant may not do, which may have the result of preventing a neighboring tenant from competing, for example. If a tenant violates a use or exclusive clause, a dispute may arise.

Maintenance issues can also give rise to landlord-tenant disputes in commercial lease agreements. If a lease contains generic language, it may be unclear who bears what responsibilities in maintaining the premises, which can lead to disputes when repairs need to be made. Additionally, the authority to sublet the premises, as well as parking and security issues may lead to disputes between commercial landlords and tenants.

Landlords or tenants who have a potential legal issue regarding a commercial lease may wish to seek counsel. These issues can often be solved through effective negotiation, but without skilled counsel, they may escalate quickly.

Source: FindLaw, “Important Commercial Lease Terms,” accessed July 1, 2016

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Tenants in Queens may be in a vulnerable position relative to their landlords. Landlords often own more than one property. They may have owned rental properties for many years and have extensive knowledge about landlord/tenant law. Tenants, on the other hand, may be relatively unfamiliar with the requirements of landlord/tenant law and a landlord’s required duties of maintenance and other obligations.

As this blog reported in a previous post, some tenants banded together to sue a landlord who was not properly maintaining their New York City apartment building. Often, tenants need assistance to pursue legal remedies against a derelict landlord, who is not properly maintaining the premises. Fortunately, attorney, Seth Rosenfeld, can provide this sort of assistance to tenants.

Mr. Rosenfeld strives to handle clients’ disputes as painlessly and efficiently as possible. A resolution may be obtained without needing to go to court. Though, if necessary, he will take a landlord-tenant dispute to court on behalf of his clients to protect their rights. Landlords who ignore their legally required repair obligations and housing code violations will find that Mr. Rosenfeld will aggressively pursue remedies on behalf of his clients to resolve such outstanding issues.

Mr. Rosenfeld knows that Queens residents deserve the utmost in legal protection, so that they may live with their families in safe and well-maintained homes. Where tenants are concerned, Mr. Rosenfeld recognizes that time is of the essence in resolving disputes between landlords and tenants. A leaky roof or disconnected gas bears urgent attention, and Mr. Rosenfeld strives to handle his clients’ cases in a timely manner, so that they many continue on with their lives in comfortable housing.

For additional information about the kinds of real estate matters Mr. Rosenfeld handles, please visit the following webpage. He offers free consultations.

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In New York, landlords and tenants both have certain rights and protections under the law. These rights and protections help ensure that the landlord-tenant relationship operates as smoothly as possible. However, sometimes, landlord-tenant disputes arise when one party does not comply with the requirements of his or her role.

Recently, a New York City landlord agreed to pay more than $1 million to settle a case of alleged tenant harassment. The case arose when tenants in one of the landlord’s East Village buildings sued him and a property manager in New York City’s Housing Court. The tenants claimed that the defendants acted illegally in pressuring them to vacate the building.

The tenants contended that the landlord’s agent, in an effort to force the tenants to vacate the six-story, 16-unit walk-up apartment building, told them that rent would soon skyrocket, that the police were investigating both prostitution and drug use in the building and that demolition of the neighboring building would disrupt their residence. Tenants recorded some of these conversations. The landlord fired his property manager, who he blamed for the tenants’ allegations, after the lawsuit was filed.

The judge handling the lawsuit ordered the landlord to stop all construction work in the building last year. Currently, the New York Homes and Community Renewal’s tenant protection unit and the New York Attorney General’s office have an ongoing investigation into the tenants’ claims of harassment.

Tenants may not be harassed into an eviction. A tenant who has faced harassment from a landlord may wish to consult with an attorney to discuss potential legal recourse.

Source: The Real Deal, “Toledano to pay $1M-plus in settlement of EV tenant harassment suit,” Mark Maurer, May 16, 2016

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There are a variety of potential disputes that might arise between landlords and tenants in New York City. Some disputes are more common than others. In a previous post, this blog reported on landlord-tenant disputes that commonly arise due to holdover tenants or damage to the premises. There are some additional common disputes of which Queens tenants and landlords may wish to be aware.

Perhaps unsurprisingly, nonpayment of rent is one of the most common issues that gives rise to a dispute between a landlord and tenant. Sometimes long-term tenants will face rent that goes up incrementally over the years. These percentage-based increases can lead to confusion and potential disputes, as landlords and tenants may not always agree on the total amount owed. Additionally, payment disputes may arise if a tenant contracts for a property improvement, such as landscaping or pool maintenance, without the landlord’s knowledge, and the service provider then comes to the landlord for payment.

A dispute between a landlord and tenant may also escalate due to procedural issues relevant to landlord/tenant law. When a landlord seeks to evict a tenant and the matter reaches the court system, the court will evaluate the Predicate Notice, which a landlord uses if he or she wants to terminate a month-to-month tenancy when there has been non-payment of rent by the tenant. A court will also evaluate whether the Petition for the lawsuit was served properly. Both documents have specific requirements regarding their contents, as well as service and signing requirements. These procedural issues can significantly affect a legal case between a landlord and tenant.

Though disputes arise frequently between landlords and tenants due to a wide variety of issues, these two types of disputes, as well as the issues mentioned in this blog’s previous post, are some of the most common. A landlord or tenant who is currently dealing with one of these types of disputes may wish to consult with legal counsel for guidance.

Source: danspapers.com, “The 5 Most Common Landlord/Tenant Disputes,” Andrew M. Lieb, accessed May 13, 2016

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New York is cracking down on section 8 violations. The state’s Attorney General recently reached a deal with three real estate firms that were found guilty of denying rental applicants based on their use of section 8 housing assistance. Denying tenants based on the use of housing assistance is illegal, and the landlords in violation of these laws can face step penalties.

What kinds of penalties apply for section 8 violations?

In this situation, the three agencies face fines varying from $13,000 to $40,000. They are also required to make changes in-house to avoid future violations. These changes include adjusting their training programs to ensure that those working for the agencies do not deny applications solely based on the applicant’s source of income.

How can landlords avoid similar situations?

One of the easiest ways to avoid similar situations is to have policies in place that do not encourage denial of rental applications based on the use of housing assistance. Policies that lead to this type of behavior may result in an investigation.

In this case, the Attorney General’s office investigated allegations of discrimination based on the use of housing assistance by making calls inquiring about rental properties. Calls were made inquiring about units available for applicants both with and without housing assistance. Agencies that had units available for applicants without assistance but then mysteriously unavailable when assistance was mentioned faced further investigation.

What should landlords facing allegations of Section 8 violations do?

Landlords and rental agencies facing allegations of section 8 violations should take the allegations seriously. Generally, allegations lead to hearings before moving forward to the courtroom. It is often best to contact a section 8 housing lawyer early in the process to help ensure that your rights are protected.

Are there other issues that can arise with section 8 cases?

It is important to note that allegations of failing to accept applicants that use forms of housing assistance like section 8 is just one of many legal issues that can arise in these situation. Additional examples of legal issues that can arise in this area of law include difficulties receiving payment from the agency that provides the housing assistance and trouble gaining access to an apartment for inspection that is rented to a housing assistance recipient.

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