Retaliatory Eviction

On April 19, 2017, in Landlord-Tenant, by John A. Weber IV, ESQ.

RETALIATORY EVICTION

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.

Enforcing a Money Judgment

On February 20, 2016, in Landlord-Tenant, Litigation, by John A. Weber IV, ESQ.

Landlords, as well as any civil plaintiffs, are often faced with the realization that there is a significant difference between obtaining a money judgment and actually collecting the judgment from the Tenant or defendant. In order to enforce a judgment, certain information is pertinent. If the means of enforcement will be an income execution, the social security number of the Tenant along with the name and address of the Tenant’s employer will be necessary. If enforcement will hinge upon a property execution, the necessary information will vary depending on the type of property that will be executed. It is worth noting that automobiles differ from other types of tangible property in procedure and cost. In general, proof of the title holder of the property and the location of the property are required for a property execution. Another method of executing a money judgment is through a bank levy. The account of a Tenant can be frozen as long as the Landlord can provide the bank name and address to the Sheriff. The appropriate method of enforcing a money judgment can vary depending on the specific facts of each situation.

If you have a money judgment and are not clear on how to enforce it, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

Standing in Landlord Tenant Court

On May 1, 2015, in Landlord-Tenant, by John A. Weber IV, ESQ.

Standing in Landlord Tenant Court

Standing is an affirmative defense that finds its way into many Answers in Landlord Tenant Court.  Standing refers to the right of the petitioner/landlord to bring the case in the first place.  The quick rule of thumb to decipher whether or not a petitioner has Standing is if the petitioner appears on the deed to the property on the date that the action was commenced.  An action is commenced on the date that the index number is purchased with the Court.

In cases where Standing is at issue, it is necessary to determine whether or not a Power of Attorney has given the authority to prosecute a case to another individual than whom appears on the deed.  It is important to note that the petitioner should in most cases still be the person named as owner on the property deed.

If you are involved in a current landlord tenant proceeding or are considering bringing a landlord tenant action, call (516)  858-2620 to speak to a landlord tenant attorney today!

Familial Exception to Eviction

On October 22, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.
A very interesting decision was issued by Judge Eric Bjorneby, J.D.C. in Kakwani v Kakwani,40 Misc. 3d 627,967 N.Y.S.2d 827,2013 N.Y. Misc. LEXIS 2555,2013 NY Slip Op 23200,2013 WL 3155372(N.Y. Dist. Ct.2013).  This eviction action centered on the issue of whether a family member can be evicted in summary proceedings in New York.  A very detailed analysis which covered the development of the familial exception rule in New York was set forth.  The facts in these cases will determine whether the familial exception applies.  The only available option for evicting those covered under the exception is through ejectment actions.
As always, if you are in the unfortunate situation of being involved in an eviction action with a family member, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2613 to speak with an experienced Landlord Tenant attorney today!
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