and the signature and title (i.e. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. Beginning March 20, 2020, all evictions across New York State were . If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Your name and the landlords name will be at the top of the page in a box. Bring copies of any letters you may have written to the landlord asking him to make repairs. Find your new home at 438 Smithtown Blvd #9 located at 438 Smithtown Blvd #9, Lake Ronkonkoma, NY 11779. 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. If your landlord turns off your utilities, you can also call the Suffolk County Department of Health Services at 631-852-5900 or in Nassau, 516-227-9715 to ask for them to step in. See the topics below for more information. NY and Suffolk County, New York Open for Business. The two most common types of eviction proceedings are: There are other types of L&T proceedings (some are listed in RPAPL 713 and RPAPL 715). New York State law says that some responsibilities are part of your agreement with your landlord even if they are not spelled out. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. Or he may take you to court to try to evict you for not paying the rent. Can a Landlord Enter Without Permission in New York? Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. Your landlord must let you know he is taking you to court by sending you legal papers. Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. Remember, your landlord may try to evict you if you withhold your rent. What should I bring to Court on the court date? This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veterans benefits, or other government subsidies and non-wage income. Veterans, What We Do Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. If the Judge disagrees with the objection, the Judge will say overruled and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. The sheriff cannot evict you on a weekend or state holiday. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. Legal advice depends upon the specific facts of each situation. In most buildings, unless there is a doorman, all doors to enter the building must close and lock automatically. Ask questions if you do not understand something in the lease. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. Therefore, if your rent is due on October 1, a proper notice to terminate must be given BEFORE October 1, effective October 31. Sometimes, landlords will try to evict you because you have complained about conditions in your home to either the landlord or his agent or government agencies or because you joined a tenants association. Thats why it is important for renters to be on guard against rental scamsand one of the best ways to do this is to be informed! Finally, this information is not guaranteed to be up to date. Keep a copy of your lease in a safe place. Note: These rights cannot be waived, regardless of what the rental agreement says. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. This case was filed in Suffolk County Superior Courts, with None presiding. The sheriff will return at some point after the end of the 14th day to remove you and your belongings from the premises. Suffolk County landlords of buildings with three or more apartments also cannot refuse to rent to you because of the source of your income (for example, Section 8 Voucher, DSS Shelter Supplement Program, Public Assistance). If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). In addition to seeking help from a Long Island Housing Services counselor, you can learn about your rights by reading the New York State Attorney Generals Guide to Changes in Rent Law. One to two weeks before you move out, the landlord must also give you an opportunity to inspect the premises with him or his agent. Setting your location helps us find resources in your county. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. and of the tenants right to inspect the property before occupancy. It is a good idea to mail this request as return receipt requested and, of course, keep a copy of the request for your records. All of our offices are now open to the public and accepting walk-ins. If it is, you should try and talk to a lawyer before you take any of the next steps. county board of health or their district health office. You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. Get peer reviews and client ratings averaging 3.0 of 5.0. . Bring copies of the letters to your landlord, inspectors reports, pictures, witnesses and the rent money to court to prove your side of the story. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. U.S. Department of Housing and Urban Development Rental Assistance Listings, Community Development Corporation of Long Island Rental Listings, FBI Internet Crime Complaint Center (IC3), Office of the Attorney General Complaint Form. Victims of rental scams can find it difficult to get justice after they have been scammed; scammers often disappear (along with the victims money) once they have been found out. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. Sometimes, you wont be able to find any available housing and want to move back into your home. You must let your landlord know when a repair is needed. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. Legal Assistance of Western New York, Inc.- LawNY - Geneva Office. Rent withholding is a very serious step to take. Call Law Services for advice and information. You can also file a fair housing complaint with HUD at (800) 669-9777. You must take the right steps to protect yourself. Take a friend with you and write down anything that needs to be fixed. If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. Privacy Policy, LSCA Newsletters and Training Scammers have many creative ways to cheat you out of your money, and they seem to come up with new ideas every day. Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. All future court dates, if any, will be set during court proceedings or upon notice by the court. Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? New York landlords must give the following mandatory disclosures: New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. If you wish to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law, without assistance from the court staff. Get to court on time and dress neatly. Talk to a lawyer to see if the problem is serious enough to withhold rent. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. The Judge may grant a DEFAULT JUDGMENT against you. Otherwise, you may pay to repair something and not be entitled to have the money returned. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. Anything that will help prove the facts in dispute should be brought to Court. You must also be sure to understand the terms of the stipulation which will become a legally binding agreement after reviewed and accepted by the Judge. Without your permission, the landlord is trespassing unless there is an emergency he needs to address inside, such as a fire, gas leak or flood. After being sworn as a witness, the landlord or the landlords managing agent will tell his or her version of the claims in the case. Collections & Holdings: The following laws apply to the collection and holding of a security deposit: Returns & Deductions: The following laws apply to the return of a security deposit: Notice Requirements: If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice: Early Termination: New York tenants are allowed to legally break a lease early for the following reasons: Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. This is a 5-bed, 6.5-bath property. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. The Law Office of Ronald D. Weiss, P.C., is a law firm comprised of attorneys and legal staff, that for almost 30 years, has concentrated in legally representing residents of Suffolk County and Nassau County, Long Island, New York, in bankruptcy cases under Chapters 7, 11, and 13 of the Bankruptcy Code, foreclosure defense litigation, mortgage . Complaints about vacant and abandoned properties can be reported to the Department through our toll-free hotline (800-342-3736), or via the DFS online complaint portal. If you do not agree to pay the new amount, the landlord cannot evict you for nonpayment, but can end your tenancy by giving you appropriate notice and then bringing a holdover eviction proceeding. Contact Us Visit Website View Profile. New York rental agreements can be either written or oral. You can check ownership records by going to the office of the county clerk and searching to make sure that the person renting to you actually owns the property. If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. Whatever the issue or concern, we can help. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. Reginald A Jacobs. Effective January 1, 2018 Suffolk County local law will require stores to charge customers a minimum fee of 5 cents on carryout bags that are provided at retail stores. A tenants association meets regularly to solve problems and improve conditions in their building. If the case is about the nonpayment of rent, the tenant has to send a reply within 10 days. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. Long Island Housing Services functions as the only Long Island based dedicated fair housing agency serving all of Nassau and Suffolk Counties. Retaliating against tenants who testify against their landlord. When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. The purpose of this law is to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags. New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. Possibly, dependent upon the particular circumstances of your situation. Be prepared. If you do not find a new tenant for the rest of the lease, or if your landlord does not consent to the new tenant, you might be charged with the remaining rent, even after you move! What is a Landlord-Tenant (L&T) court case? It is illegal for your landlord to lock you out, shut off your heat/water, take the doors off your apartment or remove your possessions without a court order. (631) 878-8757. In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to leave the property by a certain date. Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. A response or reply is not required unless the eviction is about the nonpayment of rent. You can avoid scams by making sure that the person renting to you actually has the right to do so. If the landlord requests an application fee or payment for a credit or background check, the landlord cannot get any more than $20 for the combined application and credit/background check and must give you a copy of that report and the bill for that report. In New York, if a tenant has a month-to-month lease or rental agreement and the landlord does not have cause to terminate the lease early, then the landlord must give the tenant notice as follows: Tenants occupying for a year or having a lease of at least one year: 30 days' notice. The tenant has 10-17 days to prepare for the hearing. Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. What happens at the conclusion of my L&T case? If your apartment had serious problems, you may be able to get the judge to decide that you should have money taken off the rent. of the person who received the rent. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. Both you and your landlord must live up to that contract. Try to work out an agreement with your landlord and get it in writing. In addition, if you pay the full amount of rent awarded to the landlord by the Court at any time prior to the eviction, then the warrant and judgment will be vacated (and the tenant may remain in the property) provided the rent was not previously withheld in bad faith (RPAPL 749(3)). After the WARRANT OF EVICTION is filed with the Sheriff, a Deputy Sheriff will post a 14-DAY NOTICE for you to leave the premises. Even though you may be in the middle of a crisis situation, it is very important to keep proof of your damages; such as pictures of damaged property, receipts for additional expenses incurred, witnesses, police or health department reports, etc. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. If you pay by check, the cancelled check should be saved as your receipt. After each tenant is served with a copy of the papers, the process server must swear on a form called an AFFIDAVIT OF SERVICE as to how the papers were served. If you receive court papers for an eviction, immediately contact an attorney to understand your rights. includes form for pro-se defendants to have the court prepare and serve and file Notice of Appeal. 1. Nassau County Office. Ask the Court Clerk any questions you have about what to do. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. This is called rent withholding. The landlord is responsible for putting a smoke detector in any area where someone sleeps. Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit . (718) 487-3303. Always get a signed receipt for your rent. 57 West Main St Suite 220 Babylon, New York 11702. If you pay the rent any time up to and including the day you need to appear in court, and sometimes until the eviction date, you will not be evicted.
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