Tenant Law Podcast

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 does – what does it prevent your landlord from doing to you, what does it require the landlord to do for you, what protections is the law giving you, what restrictions does the law put upon you? We did that in the last episode, Episode 25. You also need to know if the Good Cause Eviction Law applies to you; and if so, why? If not, why not? Are you sure Good Cause Eviction does not cover you? That is what we are doing in today’s Episode 26. Is your apartment protected?! Every New Yorker needs to know this stuff.

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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 not, why not? Are you sure it does not cover you?

Today we are starting with the first aspect – what does this law do and how does it do it? We will cover the other aspects of Good Cause Eviction in the next few episodes. Every New Yorker needs to know this stuff!

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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 and moved to vacate the stipulation, to cancel it. The judge vacated the stipulation, specifically because the stipulation was never presented to the judge for the judge to explain the agreement to the tenant.

We also tackle the question - Why is housing law so complicated in New York? Why do people know so little about their rights? And what can we all do about it?

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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.

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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.

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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.

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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.

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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.

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In Episode 18 we discuss the very important difference between a roommate and a subtenant, and we explain why that difference is so important.

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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.

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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 the Tenant Takeaway segment, we are going to talk about which NYC tenants can still do Short-Term Renting legally, and how they can do Short-Term Renting legally in NYC. We are also going to be talking about how tenants can take steps to prevent a neighbor in their NYC apartment building from doing illegal Short-Term Renting.

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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.

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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?

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 tenant's right to request an inspection before vacating the premises and of the tenant's right to be present at the inspection. If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy. The landlord shall provide at least forty-eight hours written notice of the date and time of the inspection. After the inspection, the landlord shall provide the tenant with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant's deposit. The tenant shall have the opportunity to cure any such condition before the end of the tenancy. See General Obligations Law 7-108(1-a)(d).

In today’s case, we see what happens when the landlord fails to give the tenant the notice of the right to the inspection.

Ask us your questions at questions@tenantlearningplatform.com.

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.

In Episode 9 we discuss what happens when a landlord asks a tenant in a Rent Stabilized apartment to move to another apartment within the same building and the tenant agrees. Does tenant’s Rent Stabilized “status” move with him?

Ask us your questions at questions@tenantlearningplatform.com.

In Episode 8 we discuss whether the Housing Court will recognize polyamorous relationships when making decisions about who can succeed to (inherit) a Rent Stabilized apartment.

In Episode 7 we discuss what types of businesses you can run in your New York City apartment and the legal manner in which you can run your business.

Today we discuss how to succeed to (inherit) a Rent Stabilized apartment. We also talk about what happens if you family member is unwilling to testify on your behalf in court.

In this episode we discuss the difference between Rent Control and Rent Stabilization and whether a landlord and tenant can contract in or out of rent regulation, as we look at a new appellate case that everyone is talking about. Is this case really a game changer?

In Episode 4 we discuss what happens when a Rent Stabilized tenant sublets her apartment to a subtenant and overcharges the subtenant more than the legally regulated rent. The tenant could owe the subtenant the overcharge amount back, plus triple damages. Today's case is interesting because the DHCR held that the landlord, as well as the tenant, was responsible to the subtenant for the overcharge, even when the landlord did not collect more than the legal rent, based upon the concept of illusory tenancy.

Today we discuss a Housing Court case that was dismissed because, although the apartment was located on the second floor of a building, the landlord described the apartment as being on the first floor. This leads us to an interesting Tenant Takeaway about how to turn winning a battle into maybe doing better in the overall war!

Ask us your questions at questions@tenantlearningplatform.com.

We discuss the difference between a permanent “Preferential Rent” and a one-time “rent concession” for Rent Stabilized apartments. We also discuss the pros and cons of tenants joining a class action with other tenants against the landlord.

Ask us your questions at questions@tenantlearningplatform.com.