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.

OUCH! Tenant loses rent stabilized apt. over Airbnb rentals!

The court held that the tenant had “engaged in profiteering by renting out the apartment or allowing his children to rent out the apartment, to a series of short-term transient tenants for commercial purposes on Airbnb.” Based on online reviews and other evidence presented, the court found that the apartment had been “listed and rented out to travelers through the Airbnb website.”

The court stated that “[s]uch brazen and commercial exploitation of a rent-stabilized apartment significantly undermines the purpose and integrity of the Rent Stabilization Law and Code and is therefore incurable.” Thus, the landlord was awarded a final judgment of possession.

Bpark v. Durena

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!

Buying Property with Existing Tenants

On February 21, 2013, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Purchasing Occupied vs. Purchasing Vacant

Should I buy a house that already has tenants?

Maybe.

We have represented many Landlords who have purchased homes with existing tenants. In our experience, this has not always gone well for the new Landlord. Many of the new Landlords have ended up starting an eviction action against the existing tenants shortly after the closing.

However, many of our clients are real estate investors and have factored into the purchase price the cost associated with an eviction. In fact, many have weighed these factors well in advance of buying the property and actually end up getting a “better” deal because of the existing tenants. They normally won’t buy the property with existing tenants unless they are getting a very good deal.

Personally, I like to find my own tenants. However, as stated, there can be advantages to buying a property with existing tenants (e.g. instant rental income, lower purchase price, instant occupancy for security purposes).

Therefore, you need to carefully consider many different factors before you decide to purchase a home with existing tenants.

Nassau County Landlord Tenant Attorneys

Call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 for Landlord Tenant assistance. 

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