In New York, tenants are protected from retaliatory eviction proceedings by RPAPL 223-b. This statute states in summary that a landlord cannot commence a summary proceeding to evict a tenant in retaliation or response to a tenant exercising it’s rights to file a complaint against the landlord with a government authority. The statute also goes a bit further and protects a landlord from retaliating against the tenant in other ways than starting a retaliatory eviction proceeding. Most notably, the statute prohibits a landlord from changing terms of the lease agreement in response to a complaint.
Another major component of this statute is the presumption that it creates. If the landlord has knowledge of the complaint filed by the tenant prior to initiating the summary proceeding, the landlord is presumed to be commencing a retaliatory eviction proceeding. The presumption however is only applicable after the tenant disproves certain underlying allegations of the petition; such as nonpayment of rent.
Retaliatory evictions are often commenced in response to the filing of a complaint due to the landlords failure to provide necessary services such as heat or hot water. It is important to understand whether or not a summary proceeding is warranted under the circumstances or whether the commencement of an action will be considered by the court to be a retaliatory eviction.
Landlord Tenant Attorney
Knowing the law regarding retaliatory eviction proceedings is necessary for every landlord and tenant. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where a landlord tenant attorney can speak with you about your case.
INDUSTRIAL CODE VIOLATIONS
New York Courts are littered with Labor Law 241(6) claims that hinge on whether the correct industrial codes have been plead and supported with admissible evidence. For a person injured in a construction accident, industrial code violations are probably the last thing on their mind. Having a personal injury attorney familiar with Labor Law cases is obviously extraordinarily important in these situations. Knowing what questions to ask and what evidence to track down can make the difference between a successful Labor Law claim and a failing one.
Construction accidents are often the result of a contractor or subcontractor’s failure to comply with the industrial code. The industrial code exists to provide a safe work environment for construction workers as well as for those people who may be on or near the work area for other reasons. Industrial Code violations are usually due to construction companies rushing to complete a job by a deadline or cut costs to increase profitability. In New York, construction jobs are so competitive. It is important that contractors do not put profit over safety.
Often times, construction accidents result in horrific injuries. It is only right that the injured party be fairly compensated for their injuries.
Labor Law Attorney
When you or a loved one are injured in a construction accident, we will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.