Tenant Law Podcast

In Episode 59 we look at five reasons that landlords still very much want to evict tenants from Rent Stabilized apartments, even after the Housing Stability and Tenant Protection Act of 2019 made vacancy way less valuable to landlords. Wonderment Music licensed through Soundstripe. Via RiversideFM.Code: TBVTWPZGFS36SCN6 Links : • Website • Booklet: How to Protect Your Rent Stabilized Apartment in...

Music Attribution : Minerals Music licensed through Soundstripe. Via RiversideFM. Code: EAKRZYQUPKUC4NLV Wonderment Music licensed through Soundstripe. Via RiversideFM. Code: TBVTWPZGFS36SCN6 Description : Can you vacate a stipulation of settlement that you entered into in Housing Court if you later regret making the deal? A court can undo/vacate a stipulation of settlement: • to promote justice a...

Today we are looking at a case and a regulation that reminds us of a tenant’s rights when the landlord renews a Rent Stabilized lease late. We are going to try to clear up some confusion and save tenants a few bucks. Links: • Michelle Itkowitz Podcasting Website • New York City Rent Guidelines Board • Today’s Case • Rent Stabilization Code § 2523.5(c)(1) • Suggest future topics at questions@tenant...

You have been sued by your landlord, and you just wish the case would go away, because with a bit more time, you would have the money to move, which you were planning on doing anyway. You just need a break. Therefore, in this episode, we look at a Housing Court Hack regarding the inadequate apartment description defense in eviction lawsuits. We also cover where tenants often go wrong in their nego...

You are moving to New York City, and you have questions about NYC rental housing. Or, you have lived in New York City all your life, and you still have questions about NYC Housing.   Rent Stabilization, Rent Control, the Good Cause Eviction Law, Affordable Housing, Co-ops, Condos, Co-living. Welcome to the most confusing rental housing landscape in the country!   Not to worry. In this episode, we...

In Episode 54 we are looking at a defense to the nonpayment of rent that could apply to as many as a hundred thousand apartments – Multiple Dwelling Law 302, which applies when a building is occupied contrary to its certificate of occupancy on file with the New York City Department of Buildings. But very few tenants know about this law or how to properly utilize this powerful defense. After today&...

Can your landlord up-charge you for paying rent electronically? Those charges sure add up over time. For that matter, can the landlord charge you an extra fee for paying manually – with a check, cash, or money order? If you don’t pay electronically, how can you document that you’ve paid? Do you have a right to a receipt? What type of receipt? And how soon after you pay manually must the landlord g...

Michelle Itkowitz, here. I have news! A version of this show is now being distributed by a real podcast network. It’s a terrific opportunity that I’m very honored to have. The name of the new show is “Learn to Live Better, a Housing Law Podcast” . You know how at the end of every episode I say, “the law belongs to you, but your ownership of the law is only as great as your understanding of the law...

Are you having a problem with the amenities in your building? Well amenities are usually common elements so if you’re having a problem, maybe the other tenants in your building are having the same problem. Could a class action lawsuit, be an economical and easy way for you and your neighbors to take collective action against your landlord to fix whatever is wrong? In Episode 51 of the Tenant Law P...

In Episode 50, we take a deep dive on a powerful tenant defense that very few tenants know anything about. The Rent Impairing Violation defense, pursuant to Multiple Dwelling Law § 302-a, is a substantive defense, that, if successfully employed, means that certain rent is not owed and will never be owed. This could result in months or years of arrears not being collectible. However, the Rent Impai...

In Episode 49, we examine another “Housing Court Hack”, ways to spot hidden procedural defects that may get your summary proceeding dismissed. In this episode we examine what happens if the landlord uses the wrong form when attempting to sue you in Housing Court. Links: • Tenant Law Podcast Website • Today’s Case • Uniform Civil Rules for the New York City Civil Court § 208.42 • The NYC Civil Cour...

In this episode we give you a bunch of information to help you answer the question: Should I bring my claim against my landlord as a class action? A lawyer or someone else is telling you that you can bring a Rent Stabilization rent overcharge case against your landlord as a class action. Should you do that? What is a class action? What are the pros of a class action? What are the cons of a class a...

New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets bui...

New Yorkers love their pets and many people in these difficult times need an Emotional Support Animal. Unfortunately, many landlords do not allow animals in apartments, but the landlord’s objection is not always enough to legally prevent a tenant from having an animal in their apartment. There is a great deal of confusion surrounding the laws about pets and Emotional Support Animals in no-pets bui...

In this episode we are discussing the Good Cause Eviction Law that was passed just over one year ago, becoming effective on April 20, 2024. What have we learned from the courts or otherwise in the first year of this historic statute? Links: • Tenant Law Podcast Website • HPD webpage on Good Cause Eviction Law • Episode 25: Good Cause Eviction is Here! • Episode 26: Are You Covered by Good Cause Ev...

You often hear stories of landlords charging tenants exorbitant fees (upwards of $200) to make copies of keys to apartments. Also, in the last couple decades there has been a lot of changing over in buildings from regular old keys systems to non-duplicable keys, electronic key fobs, and key cards. I just had a lease come across my desk the other day for an apartment where this was in a section of...

In this episode we discuss whether and when you must allow your landlord into your apartment to do needed repairs. We also discuss how much notice you are entitled to and what kind of control you can assert over the repair process. Can you pick the contractor? Can you do the work yourself and then deduct from the rent? These and other questions are tackled in this episode. Links: • Tenant Law Podc...

In Episode 42 we are discussing a recent case out of Queens landlord-tenant court that concerns the anti-retaliatory-eviction law, Real Property Law § 223-b. Links: • Tenant Law Podcast Website • Real Property Law § 223-b • Today’s Case is Li-Johnson v. Sierra , 2024 WL 4896875 [New York City Civil Court, Queens County 2024] • Suggest future topics at questions@tenantlearningplatform.com

In this episode we examine the Fairness in Apartment Rental Expenses Act, which prohibits real estate brokers from passing their fees onto residential tenants where the broker is exclusively representing the landlord’s interests. This would include brokers who publish listings with the landlord’s permission. Landlords and their agents are also required to disclose the fees that the tenant must pay...

In this episode we look at a January 8, 2025 Business Insider article with the headline: “Man Sues Co-Living Company After Being Housed with a Serial Killer” . You simply cannot make this stuff up. In a 15-page lawsuit filed in Los Angeles Superior Court, a tenant said that a co-living company breached its duty to him when the company placed him with a roommate it knew to be dangerous and unfit an...

In this episode we discuss a recent case where an ex-husband attempted to evict his ex-wife and their child from a home that he owed, which she did not. We take a deep dive on the familial exception to eviction. Links: • Tenant Law Podcast Website • Today’s Case • Suggest future topics at questions@tenantlearningplatform.com

In Episode 38 we discuss a recent eviction case that was dismissed when the tenant pointed out to the judge that the landlord lacked capacity to sue because of the defunct status of its limited liability company, which is easy for anyone to look up regarding their landlord. Links: • Tenant Law Podcast Website • Today’s Case • NYS Department of State Division of Corporations look-up portal for the...

In Episode 37 we discuss how to keep more money in your deceased relative’s estate (for your inheritance) and less in the pocket of the landlord for rent for an empty apartment. We look at the new Real Property Law § 236-A. Links: • Tenant Law Podcast Website • Real Property Law § 236-A • Suggest future topics at questions@tenantlearningplatform.com .

In Episode 36 we discuss a fairly new case interpreting Real Property Actions and Proceedings Law §749(3), which was changed by the Housing Stability and Tenant Protection Act, which codifies a tenant’s Right of Redemption – the right of the tenant to pay the “full rent due” at any point before the eviction is carried out and stop the eviction and vacate the warrant. But how much is the “full rent...

In Episode 35 we discuss what the New York City heating requirements are and how to enforce your rights if you are not getting the requisite amount of heat. Links: • Tenant Law Podcast Website • NYC HPD Website for Heating Standards and Making Heat Complaints • DHCR Heat Complaints for Rent Stabilized Tenants • Suggest future topics at questions@tenantlearningplatform.com .