Also, the law may vary from state to state, so some information from our website may not be correct for your jurisdiction. This applies to multi-family units only. 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. TENANT RIGHTS FOR THE MOST UPDATED INFORMATION AND TENANT'S RIGHTS GUIDE, PLEASE VISIT THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL'S WEBSITE: https://ag.ny.gov/consumer-frauds/housing-issues Changes to New York State Rent Law Tenant Harassment Fair Housing Immigrant Tenant Rights Guidance to Law Enforcement on Illegal Lockouts EVICTIONS If you are short of money and cannot pay your rent, there are a few things that you can do. T: 202-708-1112 Read your lease agreement carefully! Your rights would best be protected with the assistance of an attorney. 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. Attorney General James Issues Tenant Guidance for New Yorkers During Then, prioritize the problems and get started! New York residents are under an order by the state to remain in their homes. It is a good idea to get this in writing. 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. The last day in the notice must be the last day of a rental period. 110 E 42nd Street, 17th Floor, New York, NY 10017. 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. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. The lease gives you the right to quiet enjoyment of the property until the lease end date. This page outlines the rules that will apply after the current state of emergency is lifted. Tambin puede enviar un correo electrnico a info@LIFairHousing.org. TENANT RIGHTS | Nassau County, NY - Official Website Lease Terms or Tenancies Less Than One Year: Lease Terms or Tenancies More Than One Year (or Less Than Two Years): Lease Terms or Tenancies More Than Two Years: Senior citizens and serious health issues. A NOTICE OF PETITION must be issued by an attorney or the Court Clerk to compel the appearance of the tenant in Court. There are two categories of rent control in New York: rent control and rent stabilization. The Judge may grant a DEFAULT JUDGMENT against you. A tenants association meets regularly to solve problems and improve conditions in their building. Be sure to keep a copy of all communications (letters, emails, text messages) with your landlord or reports from government agencies where you filed a complaint. NY Attorney General outlines tenant rights during coronavirus pandemic Legal Assistance of Western New York, Inc.- LawNY - Geneva Office. Originals (not photocopies) may be required, if available. Suffolk County District Court: Landlord & Tenant Court. However retaliatory eviction is generally not a defense if the landlord is taking you to court for not paying your rent. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. Get peer reviews and client ratings averaging 3.0 of 5.0. . Nassau County Office. (CPLR 321(a)). The new law adds some protections for tenants who move out before the lease or rental agreement ends. For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. There is strength in numbers. Call Law Services for advice and information. The Legal Process For Evicting Your Tenant Eviction proceedings for property located in the Town of Brookhaven take place in the Sixth District Court of Suffolk County, located at 150 West Main Street in Patchogue. Volunteer NY and Suffolk County, New York Open for Business. This includes written agreements, leases, receipts and photographs. (Call NYPIRG for more information see p. 5). Overview of Landlord-Tenant Laws in New York | Nolo There are simple steps that you can take to avoid and report rental scams. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. Most areas have dedicated inspections departments which enforce code compliance. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. If you do not have a lawyer, get a money order or bank check for the amount of the rent. For example, if your landlord has been notified that your door lock is broken and doesnt repair it, you may hire a locksmith and deduct the cost from the rent. Our Team 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. Sincerely, Letitia James New Laws Protecting All Residential Renters Capping Security Deposits The landlord may offer certain documents into evidence. . PDF Changes in New York State Rent Law - Attorney General of New York If the tenant/respondent is in default, a non-military affidavit will be required. 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. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. Whether your lease says so or not, your landlord must make sure that your rental space is safe and livable: If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: You are responsible for paying your rent on time. Keep a copy of your lease in a safe place. You should only withhold the rent if there are bad health or safety problems in your home. For the majority of L&T cases, there are specific legal prerequisites (Predicate Notice) to the institution of your proceeding to recover real property (such as a five (5) day late rent reminder and a fourteen (14) day rent demand for Non-payment proceedings; and a ten (10) day notice, a thirty (30) day notice, a sixty (60) day notice, a ninety (90) day notice, or a notice of longer duration in a majority Holdover proceedings). This doesnt mean, however, that you shouldnt immediately start searching for other housing once an eviction seems likely. However, no one can force you to settle a case. Landlord-Tenant, Real Estate, and Co-op Law | Nassau County Property If your landlord takes you to court be ready to show the judge that: There is a serious health or safety problem in your home. Failing to make reasonable accommodations. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment. You can also look up your next court date on WebCivil Local by searching by index number, party name, attorney name, or judge name, or calendar information by court, judge and part. Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. of the person who received the rent. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked 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. R. David Ades graduated from Benjamin N. Cardozo School of Law and began his legal career handling all areas of corporate law, real estate transactions and commercial transactions. Landlord & Tenant Actions FAQ - Suffolk District Court | NYCOURTS.GOV Usually a NOTICE OF PETITION and a PETITION. Be ready to tell the judge why you shouldnt have to move. any photographs youve taken of the premises. Bay Shore, NY Property Damage Law Firms - lawyers.com (718) 487-3303. You must be prepared to go to court and prove that your home has serious problems and that your landlord will not fix them. Call Law Services as soon as you received court papers and we will try to help if youre eligible and we have an available attorney. Using applications that directly or indirectly put limits on preferences for prospective tenants. Your landlord may make the repairs if you withhold the rent. Need to report an illegal apartment - Holbrook, Suffolk County, Long Island, 25 replies Need information on landlord/tenant rights?, Long Island, 1 replies Tenant rights, help me understand, Long Island, 4 replies Need a Tenant Lawyer (mid suffolk), Long Island, 13 replies 1/2 cello rental in suffolk county, Long Island, 3 replies Whether you are a tenant or a landlord, we provide Landlord/Tenant Counseling to help you deal with issues related to security, eviction, habitability, rights, handicapped access, and more. If you qualify, the Department of Social Services may assist you with your security deposit. Generally, if a diligently prosecuted 2 to 3 months after service. Experienced New York City Landlord Tenant Attorney! If you do not have a written lease, the length of your contract depends on how often you pay your rent. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. This is called retaliatory eviction and it is against the law. HearingGenerally, the landlord presents his or her case first. If the landlord has not received your rent within 5 days of the day it is due, he must send you a notice stating he has not received the rent. You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. Any such call demanding money for bail is being initiated by a third party and not by the Legal Aid Society of Suffolk County and you should immediately contact your local police and/or law enforcement agency to report this crime. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. Many cities in New York have their own landlord-tenant laws in addition to the state requirements. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. It is important to talk to a lawyer when you get these legal papers. Please give us a call if you have any questions about . If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. Periodically, the forms will be updated, so please check back periodically. Contact the fuel company to find out what the average bill has been. April 16, 2020. Keep a copy of the letter. It can take a month or more for the sheriff to then evict. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. Rent Control: New York has rent control and state law allows local governments to create their own rent control laws. HAUPPAUGE - New York Attorney General Letitia James today announced that 462 firearms were turned in at a community gun buyback event hosted by her office and the Suffolk County Police Department. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant's security deposit. Refusing to rent, sell, or lease housing. 640 Johnson Ave., Suite 8, This is called rent withholding. Additional Rent Increase Rules: Landlords must also comply with: Notice Period for Rent Increases: Landlords must give 30, 60, or 90 days notice before increasing rent depending on the lease term. 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. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. Sometimes a Judge may ask questions to clarify matters and/or to conduct the hearing in an expeditious manner. A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. New York Landlord-Tenant Laws Regarding Mold: Know Your Rights If you settle the case, the agreement will be put in writing in a document called a stipulation. Donations You might want to talk to other tenants in the building to discover any problems they may have had with the landlord or the building. 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. What forms do I need to start an L&T case? How To Sell Your Property With Tenants On Long Island - Leave The Key Inform the landlord of any repair or maintenance issue. In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. All future court dates, if any, will be set during court proceedings or upon notice by the court. Landlord / Tenant law governs the rental of commercial and residential property. We are available 24 hours a day, 7 . When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. Tenant and homeowner rights | LawHelpNY Calendars are called at 9:30 a.m. The main advantage of a written lease is that your landlord cannot make you move or raise the rent until the lease ends (as long as you pay your rent and follow the rules in the lease, of course) unless you violate something in the lease. Home; Topics; Housing; Tenant and homeowner rights . If you will be paying your own heat and electricity, request the name of the fuel oil or gas company that provides the fuel and check with LIPA to obtain copies of old utility bills for that house or apartment. A confidential consultation will provide guidance and insights to both tenants and landlords alike. Always read a written lease very carefully BEFORE you sign it! For more information about Landlord Tenant ADR click here. Eviction Lawyer for Nassau County & Suffolk County NY | Murtha Law Firm Types of Housing If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. It is important to know what these responsibilities are, and to take steps to protect them: Your landlord also has responsibilities when he rents you a place to live. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. Legal advice depends upon the specific facts of each situation. A landlord can propose to raise the rent of a month-to-month tenant. Suffolk County Legal Aid Society Additional witnesses may be called to testify in support of the landlords claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge. Free Consultation. You are responsible for paying the rent on time. Housing Law Your landlord may try to evict you for not paying your rent if you take this action. Employment/Internship Opportunities and of the tenants right to inspect the property before occupancy. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. You must also allow the landlord to come in to make the needed repair. Your landlord can evict you for not paying the rent. For additional local resources, you can also contact a housing counseling agency. Taken More Than 7,000 Firearms Out of New York Communities Since 2019. . You should not disturb them by being too noisy or cluttering up common areas such as hallways. The deposit you give your landlord is still your money and cannot be spent by the landlord. Just get your neighbors together for a meeting and decide what problems you want to work on. 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. The judge may say that you do not owe all the rent money because your home had serious problems. Your name and the landlords name will be at the top of the page in a box. Subscribe 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. county board of health or their district health office. For more information or to schedule a consultation, call our Long Island landlord-tenant dispute law office at (631) 348-1702 or fill out our contact form. Follow these steps carefully: The judge will decide if the problem was serious enough to withhold the rent. Check availability now! Find the right Suffolk County, Ny Landlord And Tenant lawyer from 129 local law firms. Talk to your future landlord and find out when he will fix any problems. This is called a month-to-month tenancy. In the District, Civil, Town and Village Courts, defendant's time to Answer starts . If you believe that you have been discriminated against in seeking housing based on Coronavirus, please contact Long Island Housing Services at 631-567-5111 ext. The Clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord. Bohemia, NY 11716-2624 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. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. If a valid rental agreement exists, New York law (NY Real Property Law Sec. Security deposits protect the landlord in case there is damage to the property. Suffolk County Landlord Tenant Lawyers | Compare Top Rated New York Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND.