Tenant Law Podcast

In Episode 34 we discuss what happens if a New York City agency issues a Vacate Order against your apartment. We tackle the following questions. Does the landlord have to restore the apartment? How will you know what is going on with the apartment? How can you make the landlord fix the apartment and remove the Vacate Order more quickly? How can you make sure the landlord does not fix the apartment...

In Episode 33 we discuss two Housing Court cases that were dismissed because the Rent Demands served upon the tenants as predicates to those cases were confusing. If your Rent Demand is gobbledygook, you may be able to get the current case against you dismissed. In general, whether there is a court case against you or not, if your landlord says you owe arrears, she must be able to explain to you e...

In Episode 32 we discuss the City, State, and Federal laws that protect victims of domestic violence in housing matters. We look at a very important case where a landlord tried to evict a tenant, when her adult mentally ill son perpetrated serious acts of domestic violence against her. Links: • Tenant Law Podcast Website • Today’s Case • If you believe you have been the victim of discrimination, c...

In Episode 31 we discuss a fascinating case pending in the New York Courts regarding lease-break fees. Links: • Tenant Law Podcast Website • The Complaint in Today’s Case • The Memorandum of Law in Support of a Motion to Dismiss Today’s Case • Suggest future topics at questions@tenantlearningplatform.com .

In Episode 30 we discuss a case where the tenant lost a lot of relevant text messages about conditions in their apartment, because they changed phones and lost text messages. Not only did they not have that evidence to help them, but a court punished them for not producing those items during discovery in the lawsuit. We talk about how to avoid these problems. And we suggest how to use evidence spo...

In Episode 29, we conclude our initial four-part series on the historic new Good Cause Eviction Law, by having an awesome panel of highly experienced New York City landlord-tenant litigators discuss the law. Randi Gilbert, Esq. is a partner at Horing Welikson Rosen & Digrugilliers, PC and she represents landlords. Seth A. Miller, Esq. is a partner at Collins, Dobin & Miller and he represen...

In Episode 28 we discuss what you can do if you suffer bad consequences from your landlord warehousing empty apartments in your building by examining NYC Local law 1 of 2024. This raises two immediate questions. First, why would a landlord not rent out an empty apartment? Second, why would perpetually empty apartments bother other tenants in the building? There is a phenomenon in New York City, wh...

In Episode 27 we discuss the new notice requirements imposed by the legislation that brought the Good Cause Eviction Law. These new notice requirements apply to all types of tenancies! Links: • Tenant Law Podcast Website • Good Cause Eviction Law Required DHCR Notice (with rent thresholds) Ask us your questions at questions@tenantlearningplatform.com .

In Episode 26 we continue discussing the historic new Good Cause Eviction Law. The New York State Legislature passed Good Cause Eviction on April 20, 2024. This is the most significant change in landlord-tenant law that I have seen in the 30 years that I have been a landlord-tenant litigator in New York City. There are two major aspects to every regulatory law. First, you need to know what the law...

In Episode 25 we discuss the historic new Good Cause Eviction law. There are two major aspects to every regulatory law. First, you need to know what the law does – what does it prevent, what does it require, what protections is it giving you, what restrictions does it put upon you? Second, you need to know if the law applies to you; does the Good Cause Eviction Law cover you, and if so, why? If no...

In Episode 24, we discuss a case where a landlord sued a tenant for eviction in Queens Housing Court. The tenant had no lawyer. The tenant signed a stipulation (an agreement) that included waiving some important rights. The stipulation was never presented to the judge for the judge to explain the agreement to the tenant. Later, the tenant got the assistance of a Legal Aid lawyer. Legal Aid came in...

We discuss cases where roach, spider, and mouse infestations led to violations of the implied warranty of habitability, the landlords were ordered by Housing Court judges to fix the problems, and it resulted in one tenant not having to pay some rent. Links: • Tenant Law Podcast Website • Today’s Case: Diego Beekman Mutual Housing Association v. Hammond • Queens case mentioned during the podcast •...

In Episode 22 we discuss how it affects an eviction process when a tenant has a commercial lease for a store, workshop, studio, office, or any kind of business premises, but tenant begins living in the premises with landlord’s knowledge and consent. Links: Tenant Law Podcast Website Today’s Case: Glebow Realty v. Dietrich , 81 Misc.3d 138(A) [App Term 1st 2023] Ask us your questions at questions@t...

In Episode 21 we discuss how an eviction case in New York can be dismissed if the Rent Demand that the tenant is served with: (a) seeks arrears that are not properly itemized; or (b) includes any amounts beyond the monthly rent. Links: • AK Houses TP4 LLC v. Thurman, 2023 WL 3311755 [New York City Civil Court, New York County 2023] • Tenant Law Podcast Website Ask us your questions at questions@te...

In Episode 20 we answer the often-asked questions: If I break my lease early does my landlord have to try and find a new tenant? Or am I on the hook for the rent through the end of the lease term? We take a deep dive into recent cases interpreting the new Real Property Law § 227-e, which governs a residential landlord’s duty to mitigate a tenant’s lease default. Links: 14 East 4th Street v. Topore...

In Episode 19 we discuss the many factors that go into a court deciding whether an apartment is a Rent Stabilized tenant’s primary residence, focusing particularly on what happens when you need to leave town for a long time to take care of a sick relative. Links: • Definition of Primary Residence: Rent Stabilization Code § 2520.6(u) • Interesting Case: Lance Realty Co. v Fefferma • Tenant Law Podc...

In Episode 18 we discuss the very important difference between a roommate and a subtenant, and we explain why that difference is so important. Links: Tenant Law Podcast Website Episode 6: How do I succeed to (inherit) a Rent Stabilized apartment? Today's Case Ask us your questions at questions@tenantlearningplatform.com.

In Episode 17 we discuss a new rule allowing Rent Stabilized tenants to add their Domestic Partners to their leases, and we also cover some considerations for any Rent Stabilized tenant considering adding a spouse or a partner to their lease. Links: • Tenant Law Podcast Website • The amendments to the Rent Stabilization Code • Office of the New York City Clerk, Domestic Partnership Registration •...

In Episode 16 we discuss Airbnb, and all kinds of Short-Term Renting in the wake of the controversial New York City Local Law 18, which recently went into effect. Today’s pod will be longer than our typical 10 minutes because this is a big topic for New York City. We are going to be talking about the case brought by Airbnb against the Mayor’s Office of Special Enforcement that upheld Local Law 18....

In Episode 15 we discuss whether excessive noise from a neighboring apartment violates the warranty of habitability and justifies a tenant withholding rent in New York City. The episode also explores the legality of operating a Group Family Daycare in a New York City apartment. Ask us your questions at tenantlawpodcast@gmail.com. Links: Link to Today’s Case Every residential lease implicitly carri...

In Episode 14 we see a tenant who drove a U-Haul up to his apartment, removed most of his possessions, and drove away for eight months. When he came back, the landlord had changed the locks. Would the court restore this tenant to possession? And why? Link to Today's case Email us with questions to answer on the air at tenantlawpodcast@gmail.com. Check out the Tenant Learning Platform, offering...

In Episode 13 we discuss the often abused and hard-to-discover practice of landlords charging first (market rate) rents for “newly created” Rent Stabilized apartments. Free market tenants as well as Rent Stabilized tenants should pay careful attention to this episode. Your free market apartment might be Rent Stabilized and you might be entitled to an overcharge award. Links: New York State Senate...

In Episode 12 we discuss the many situations where a person living in an apartment is not the tenant and the lease is not in that occupant’s name, but nevertheless, the person has rights and is entitled to a very specific notice before an owner may start eviction proceedings. We look at a case that was dismissed when the owner described the occupant as a "squatter", when he was a "l...

In Episode 11 we discuss the law that says many tenants have a right to a pre-exit inspection. For non-Rent-Stabilized tenants, within a reasonable time after notification by either the landlord or the tenant of either’s intention to terminate the tenancy (unless it is the tenant terminating the tenancy with less than two weeks' notice), the landlord shall notify the tenant in writing of the t...

In Episode 10 we discuss a case where a tenant triumphed in court after undergoing terrible harassment by her landlord. Ask us your questions at questions@tenantlearningplatform.com. Check out the FREE online, on-demand class The Laws About Getting Paint Jobs and Repairs in Your New York City Apartment available on the Tenant Learning Platform . The name of today’s case is Brown v Messam , 76 Misc...