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!

Evicting a Section 8 Tenant

On July 11, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

IT IS NOT IMPOSSIBLE TO EVICT SECTION 8 TENANTS!

In order to evict Section 8 tenants, landlords must follow special procedures that apply uniquely to Section 8 tenancies. The process is more complicated and difficult than typical evictions, but landlords with good reasons for evicting tenants should not be discouraged.
Section 8 is a government program that subsidizes a portion of certain tenants’ rent. The program is administered by NYCHA, the New York City Housing Authority. People may qualify for Section 8 vouchers for a number of reasons. People with mental illnesses or physical disabilities, for example, may be eligible for Section 8 vouchers. Some Section 8 vouchers may be transferred, by the tenant, from residence to residence, while other vouchers remain with the rental unit. In either case, a portion of the rent will be paid by the government directly to the landlord. The tenant is only responsible for the portion of the rent that is not covered by the voucher. If the landlord seeks any part of the subsidy portion in the eviction action, then NYCHA must be joined as a party to the case.

In any Section 8 eviction, NYCHA as well as the tenant must be notified of the grounds for eviction before the landlord begins the case. Once NYCHA and the tenant are notified, the process the landlord will have to follow will depend on the grounds for eviction. If the tenant is being evicted for nonpayment of rent or holdover based on termination of a Section 8 voucher, then the landlord must send a certification stating the grounds for eviction to NYCHA and the tenant. (A “holdover” is when a landlord evicts a tenant that remains in a rental unit after the lease has expired, or because the tenant remains in the unit after violating lease terms. If the lease agreement is contingent upon the Section 8 voucher, then termination of the Section 8 voucher would give the landlord grounds for eviction. This would be a holdover based on termination of a Section 8 voucher.) The landlord can then request a certificate of non-objection from NYCHA. Section 8 tenants can only be evicted for “good cause” – such as creating an ongoing nuisance or violating the law, among other things. NYCHA must be assured that the tenant is being evicted for good cause. If NYCHA issues a certificate of non-objection, then the certification of grounds may be substituted for the allegations in the landlord’s petition. If NYCHA does not respond in a timely manner, the landlord can begin the case, but should include an allegation stating that NYCHA has not responded in the petition. NYCHA may object to the grounds for eviction in the certification. In this event, the case may still proceed, but NYCHA must be joined as a party to the case. After this, the case can proceed as a typical eviction action.

Each of these procedural requirements must occur within specified timelines, and there may always be special circumstances demanding other procedural actions. Section 8 evictions can be one of the more difficult areas of housing law. But if the grounds are there, eviction is an option.

If you have any questions about this, or other legal issues, please call The Law Firm of Vaughn and Weber at 516-858-2620 to schedule a free consultation. We are conveniently located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.

*contributions to the research for this post were made by Jason Bernard Mays, J.D.

Evictions for Rent Stabilized Apartments

On December 5, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Recently there have been many questions regarding evicting tenants from rent stabilized units.  There are special procedures that need to be followed in order to evict a tenant from a rent stabilized unit.   The lease and notice requirements are just a few of the issues that differ with these special types of evictions.   Courts are definitely strict about protecting the rights of these types of tenants as well.  So it is extra important to dot all of your “i’s” and cross all of your “t’s.”  There also seems to be a lack of clarity on how to destabilize a unit, or when a unit becomes destabilized.

If you are a landlord trying to evict a tenant from a rent stabilized unit or a tenant trying to defend an eviction in a rent stabilized unit, call (516) 858-2620 to speak with a Landlord Tenant attorney who can help you!

Eviction Rules are NOT the same everywhere in NY

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county.  This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located.  These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction.  Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time.  It is always advisable to speak with an attorney before commencing legal action.  As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

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