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220-238A) states that tenants receive a set of rights, such as the right to a habitable unit. Always read a written lease very carefully BEFORE you sign it! If the landlord wins, the landlord is granted possession of the property. What Every Tenant Should Know - Nassau Suffolk Law Services info@lifairhousing.org, 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. Effective January 1, 2018 Suffolk County local law will require stores to charge customers a minimum fee of 5 cents on carryout bags that are provided at retail stores. See the topics below for more information. By law, building owners must provide all tenants with the following levels of heat and hot water: Heat (During the heating season, October 1 through May 31) Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; NSLS Programs. Types of Housing Therefore, if your rent is due on October 1, a proper notice to terminate must be given BEFORE October 1, effective October 31. Nassau County Office. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. We are available 24 hours a day, 7 . On April 10, 2023, Carrington Mortgage Services, Llc filed a Foreclosure - (Property) case represented by Abdellah, Amani Sahar against John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises et al. When a New York landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. The information contained in this material is not legal advice. (914) 361-4500. If you cannot pay the rent, you may qualify for emergency help from the Department of Social Services (DSS). 376 t or email info@LIFairHousing.org. Overview of Landlord-Tenant Laws in New York | Nolo Anything that will help prove the facts in dispute should be brought to Court. If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. Providing different treatment to tenants that use a service or emotional support animal. Evictions Lawyer Suffolk County - Home - Long Island Landlord Tenant Or he may take you to court to try to evict you for not paying the rent. New York Landlord Tenant Laws [2023]: Renter's Rights & FAQs Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. The legal papers you will get are called a Notice of Petition and a Petition. You can also file a fair housing complaint with HUD at (800) 669-9777. and of the tenants right to inspect the property before occupancy. The last day in the notice must be the last day of a rental period. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. The notice must be given prior to the beginning of the next term. Landlord / Tenant law governs the rental of commercial and residential property. U.S. Department of Housing and Urban Development Rental Assistance Listings, Community Development Corporation of Long Island Rental Listings, FBI Internet Crime Complaint Center (IC3), Office of the Attorney General Complaint Form. 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. The tenant will then be sworn as a witness to give his or her side of the story and present evidence. This entire legal process will take several weeks before the sheriff is actually knocking at the door. Sincerely, Letitia James New Laws Protecting All Residential Renters Capping Security Deposits New York State law requires that the rent receipts include: the date you paid the rent, the amount that you paid, the amount of time that the money is paying for, the place being rented (i.e. Take your time and think before you speak. Get peer reviews and client ratings averaging 4.5 of 5.0. . New York law allows landlords to do this, provided they return the remainder of the deposit to the tenant within a14 days following the tenant's . How long does it take to be evicted in Suffolk County? Or, tell the judge how long you will need to move and ask for more time (if you need it). Suffolk County landlords of buildings with three or more apartments also cannot refuse to rent to you because of the source of your income (for example, Section 8 Voucher, DSS Shelter Supplement Program, Public Assistance). Heat must be supplied to your apartment from October 1st through May 31st the following year, anytime the outside temperature drops below 55 F. The required minimum temperature is 65 F between 10 PM and 6 AM (overnight) and 68 F between 6 AM and 10 PM (during the day). Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. Remember, your landlord may try to evict you if you withhold your rent. There are various court proceedings to remove a tenant. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. 100 lawyers Employment/Internship Opportunities 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. Then, prioritize the problems and get started! This includes written agreements, leases, receipts and photographs. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. Llame a Long Island Housing Services al 631-567-5111 ext. Accessibility, Consumer Law Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. Other tenants in your building also have rights, and you must respect them. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. In most cases, proof of service must be filed with the clerk within three (3) of effecting service. Bring witnesses to prove that you didnt break a rule in your lease. Providing a proper Predicate Notice content, timeliness and proper type of service is an element of the Landlords case. As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. It is a good idea to get this in writing. In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlords right to entry. 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. The Notice of Petition will tell you what court to go to and when to go. Usually a NOTICE OF PETITION and a PETITION. Set Location. The Petition will say why your landlord is telling the judge to make you move. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. TTY: 202-708-1455, Privacy Policy | Web Policies | Accessibility | Sitemap, Privacy Policy | Web Policies | Accessibility | Sitemap, Tenant Rights, Laws and Protections: New York, New York State Housing and Community Renewal Rent Administration, New York State Attorney General Tenants' Rights Guide, New York City Commission on Human Rights complaints. Generally, if a diligently prosecuted 2 to 3 months after service. Phone (Suffolk): 631-567-5111 I have been served with eviction papers. One action you can take is to pay for the repair yourself and take the amount you spend out of the next months rent. Subscribe Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. 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. Never ignore court papers. You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. All Rights Reserved. Holdover Notices | NY CourtHelp - Judiciary of New York Sometimes a Judge may ask some questions to clarify matters. A letter from a landlord or landlords attorney is NOT enough to evict you. Ask the Court Clerk any questions you have about what to do. PDF Changes in New York State Rent Law - Attorney General of New York Try to work out an agreement with your landlord and get it in writing. Departments - Suffolk County, New York T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. Important Dates and Events If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. 438 Smithtown Blvd #9 Apartments - Lake Ronkonkoma, NY 11779 City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. If the landlord refuses to return your security deposit and you feel that you are entitled to it, you can take the landlord to small claims court if the amount is less than $5,000 ($3000 in the justice courts of the east end of Long Island). Inform the landlord of any repair or maintenance issue. A hearing is scheduled 3-8 days after the court receives the tenant's reply. in the jurisdiction of Suffolk . Suffolk County Landlord Tenant Lawyers - Cornell University As of June 2019, the Notice of Petition and Petition must be served upon the respondent/tenant no more than seventeen (17) days but no fewer than ten (10) days before the court date listed on the notice. In addition, if you pay the full amount of rent awarded to the landlord by the Court at any time prior to the eviction, then the warrant and judgment will be vacated (and the tenant may remain in the property) provided the rent was not previously withheld in bad faith (RPAPL 749(3)). When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. Descargue GRATIS la Gua de Vivienda Justa, Long Island celebra el 50 aniversario de la Ley de Vivienda Justa, New York State Attorney Generals Guide to Changes in Rent Law, New York State Attorney Generals Tenants Rights guidebook in 7 languages, Guidance to Law Enforcement on Illegal Lockouts, LIHS Tenant rights in foreclosed properties, Inquilinos en Bienes Adjudicados: Lo Que usted Debe Saber-Espaol. Get to court on time and dress neatly. 57 West Main St Suite 220 Babylon, New York 11702. Testimonials Failing to make reasonable accommodations. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. A tenants association meets regularly to solve problems and improve conditions in their building. Talk to your future landlord and find out when he will fix any problems. 104 Lewis Street, Southampton, NY 11968 | Compass How To Sell Your Property With Tenants On Long Island - Leave The Key . The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Ask questions if you do not understand something in the lease. It also gives neighbors a chance to get to know one another! A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed 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. Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. You can avoid scams by making sure that the person renting to you actually has the right to do so. You may be able to get one months rent from other agencies or even agencies that get federal money (called FEMA) that is put aside to help people in your situation. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. You should speak with an attorney for legal advice on how to properly draft your court documents. Suffolk County Landlord Tenant Lawyers | Compare Top Rated New York 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. The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. 646-952-7514. A lawyer (if you have one) can put the money in a special bank account called an escrow account. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. 1325 Franklin Avenue You must also be sure to understand the terms of the stipulation which will become a legally binding agreement after reviewed and accepted by the Judge. Legal advice depends upon the specific facts of each situation. Make sure you find out if the home is a foreclosure. 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. All of our offices are now open to the public and accepting walk-ins. This is called direct examination. This document is necessary to evict the tenant by way of the sheriff. 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. However, you can request a written receipt for your personal check. 110 E 42nd Street, 17th Floor, New York, NY 10017. Tambin puede enviar un correo electrnico a info@LIFairHousing.org. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. Frequently Asked QuestionsHow to request a stay of eviction or vacate a default L&T judgment (DC-420). He cannot just throw you out anytime he wants. Victims of rental scams can find it difficult to get justice after they have been scammed; scammers often disappear (along with the victims money) once they have been found out. April 16, 2020. The city of Buffalo has laws that protect tenants from discrimination on the basis of gender identity, immigration status, and lawful source of income. Suffolk County, NY Landlord And Tenant Law Firms - Lawyers.com You must let the landlord have access to the apartment to make repairs and collect the rent. Landlords are required to make necessary repairs in a timely manner. Bring copies of the letters to your landlord, inspectors reports, pictures, witnesses and the rent money to court to prove your side of the story. The Judge may again ask questions. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. The Court Clerk will assist you in setting a court date in order to ensure that Court will be in session. Islandia: 631-232-2400 It is a good idea to write the period that the payment covers on the check or money order (i.e. 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. Ask him what to do in case of an emergency. Free Consultation. Originals (not photocopies) may be required, if available. This is called retaliatory eviction and it is against the law. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. Welcome: To Long Island's Bankruptcy, Foreclosure, Negotiation Si usted cree que ha sido discriminado al buscar una vivienda en base al Coronavirus, por favor llame a los Servicios de Vivienda de Long Island al 631-567-5111 ext. Keep a copy of your lease in a safe place. If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. A lawyer will be very helpful in court. Service must be in full compliance with the law. The two most common types of eviction proceedings are: There are other types of L&T proceedings (some are listed in RPAPL 713 and RPAPL 715). Landlords also have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. Otherwise, you may pay to repair something and not be entitled to have the money returned. On occasion, Tenants may also file L&T cases either following an unlawful eviction (self-help by the Landlord) or to require a Landlord to fix a dangerous or life-threatening condition at the property. New York considers substantial code ordinance violations as initial proof that the landlord has violated the warranty of habitability. In most buildings, unless there is a doorman, all doors to enter the building must close and lock automatically. The Law Office of Shawn R. Kassman Esq. If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . 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 File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. Proper Pest Management Practices for Landlords and Tenants Integrated Pest Management is geared toward longterm prevention or elimination of pests that does not solely rely on pesticides. 378. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. You may need to find a new tenant to take your place. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. 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. New York residents are under an order by the state to remain in their homes. Legal Assistance of Western New York, Inc.- LawNY - Geneva Office. Forms must be completed using BLACK ink only and submitted in duplicate to the Court Clerk for signature. Suffolk County Eviction Process | McGuire & Pelez P.C. What should I bring to Court on the court date? 8 Important Facts About New York Landlord and Tenant Law 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. New York eviction law firm. Tenants must give the landlord reasonable access to the property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. Landlord & Tenant Actions FAQ - Suffolk District Court | NYCOURTS.GOV When your landlord sees that you spent part of your rent on repairs, he may try to evict you. Your landlord may make the repairs if you withhold the rent. However, no one can force you to settle a case. NEW YORK - New York Attorney General Letitia James today issued guidance to New Yorkers highlighting how to navigate tenant issues related to the coronavirus disease 2019 (COVID-19). Free Legal Services | Emergency Rental Assistance Program Call today! Your landlord must follow certain steps if he wants you to move. Corporations must have an attorney appear for them in Court. There is strength in numbers. For example, the following situations may permit such a case. Bring copies of any letters you may have written to the landlord asking him to make repairs. New York Landlord-Tenant Laws Regarding Mold: Know Your Rights Whether you are a landlord or a tenant, mold in a rental property is concerning. 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. It is important to get written estimates before making repairs and to write the landlord that you plan to make the repairs if he doesnt. You must let your landlord know when a repair is needed. Hempstead: 516-292-8100 Finally, this information is not guaranteed to be up to date. 2023, iPropertyManagement.com. If the landlord does not follow the law, you cannot be evicted. A landlord cannot refuse to rent to you because of your race, age, national origin, religion, gender, sexual orientation, disability, marital status, or because you have children. Law Firms Lawyers 129 results Client Reviews . This is called cross-examination. All future court dates, if any, will be set during court proceedings or upon notice by the court. The best way to pay your rent is with a check or money order so that you have a record of your payment. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Home; Topics; Housing; Tenant and homeowner rights . Rent withholding is a very serious step to take. 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. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. Housing Law New York Eviction Laws: The Process & Timeline In 2023 U.S. Department of New York Rules Regarding Mold in Rental Properties | Nolo . Find Top Suffolk County, NY Landlord Tenant Law Lawyers Near You 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. In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement.