Landlord & Tenant Practice

We represent tenants and protect and enforce Tenants' numerous rights concerning the services to which they are legally entitled including their right to remain in their apartment unless ordered out by a judge of the Housing Court after a formal trial or court proceeding. Tenants have the legal right to receive all essential services including heat, hot water, security, proper plumbing, painting, plastering and all necessary repairs.

These rights are granted to tenants pursuant to Real Properly Law Section 235-b. Which provides that all rental agreements in New York whether written or oral are deemed to include a warranty of habitability that the rented premises is fit for human habitation, will be maintained by the landlord and that all essential services will be provided.

If the landlord breaches this warranty of habitability, the tenant has the legal right to withhold his or her rent and to commence legal proceedings commonly known as an HP action to obtain repairs against the landlord in court. The text or the Warranty of Habitability Statute, Real Property Law Section 235-B appears below.

Due to the fact that withholding of rent can result in the landlord commencing an eviction proceeding against the tenant, a tenant should not withhold rent without first meeting with and retaining an attorney. Additionally, a landlord may not force a tenant to vacate his/her apartment unless they are ordered out by a judge after a trial or hearing.

There are basically five types of eviction summary proceedings
1. Nonpayment proceeding: In this proceeding a landlord attempts to evict a tenant for nonpayment of rent.

2. Holdover-No fault-proceeding: In this proceeding a ,landlord is claiming that it wants possession of the tenant's apartment. This type of action does not allege that the tenant engaged in any wrongdoing. This action can only be maintained in connection with non regulated tenancies where there is no lease or where a lease expired.

3. Holdover-fault proceedings: These are proceedings in which a landlord claims that its tenant violated a substantial obligation of his/her tenancy, i.e. Subleasing, illegal activities, washing machine, pets, etc.

4. Holdover-Owner Occupancy Proceeding: In this type of proceeding a landlord claims that it is not required to renew the tenant's expiring lease and has the right to evict the tenant. This is because the landlord claims that he/she intends for the premises to be occupied as the landlord's or the landlord's immediate family member's primary residence. To maintain this type of proceeding, the landlord must first serve a factual Notice of Non-Renewal of Lease during the period 90-150 days prior to the expiration of the tenant's lease.

5. Holdover-Non_Primary Residence Proceeding: In this type of proceeding a landlord claims that it is not required to renew the tenant's expiring lease and has the right to evict the tenant. This is because the landlord claims that the tenant does not occupy the apartment in question as his/her primary residence. To maintain this type of proceeding, the landlord must first serve a factual Notice of Non-Renewal of Lease during the period 90-150 days prior to the expiration of the tenant's lease specifying the basis for the landlord's allegations..

Figeroux & Associates are very experienced Tenant Rights Attorneys and have successfully represented tenants in hundreds of Landlord and Tenant Court eviction proceedings. We offer free consultations. Please contact our office at 718-834-0190 to schedule a free consultation. To schedule a consultation online, please complete that request below.

New York Basic Tenant Rights

There are many tenants' rights handbooks written over the years, most with the intention to summarize for tenants, their legal rights and suggest ways to solve problems. New York State Civil Court website, the New York State Attorney General's Office and many other organizations have written manuals to assist tenants who cannot afford an attorney. At Figeroux & Associates, we work to empower Tenant Associations, like the Concerned Residents of Flatbush Gardens Tenant Association, CRFG. Visit their site, with the New American Chamber of Commerce for Tenant Association information and articles on Tenant Rights issues.

Practice Area
Landlord and Tenant

Non Payments, Holdovers, Appeals, Article 78s, Marshal's Notices, Orders to Show Cause, Non-Primary Residence Proceedings, Owner Occupancy Proceedings, Overcharges, Subleases, Pets, Jury Trials, Injunctions, Leases, Lease Negotiations, Residential & Commercial, Demolition cases & Buy-outs.

Evictions
Apartments
Bankruptcy can stop eviction
Commercial Tenancies

FOR A LEGAL CONSULTATION WITH OUR ATTORNEYS, PLEASE COMPLETE THIS FORM.


     
     
 

WHY VOLUNTEER?

 
There are many benefits to volunteering in the community! Here are just a few:

Build Your Skills and Your Resume

Community work is a great way to build your resume and your skills. When you volunteer, you'll have the guidance of employers who are specialists in their fields. And because we partner with CARE, IJLEF and NACC, we suggest you visit these websites to volunteer now and develop the skills you seek.

Develop a Career Network

Networking is an incredibly important part of searching for jobs and building careers. Community involvement is one of the best ways to make connections and foster relationships that do just that. Not only will you build a network, many people who volunteer at an organization are offered permanent positions after some projects.

Enhance Your Education

One of the best ways to learn is through experience. What better way to gain experience than to work at an organization that fit your needs and interests? Many educational experiences can't be taught in a classroom.
     
       
     
       
     
     
             


Invest in
New York

Figeroux & Associates and Unified Realty, Inc., guarantee that you will received unbiased advice and genuine opinion regarding properties in neighborhoods where there is a high demand for rentals. These selected properties would have the potential for high growth and will yield great financial benefits, allowing you to maximize the return on your investments.

Investing Services
Exclusive Buyers Agent

New York City Investment Properties
The Buying Process
Purchasing Process
Real Estate FAQ
Mortgage FAQ
Comparable Market Analysis

Figeroux & Associates - Buyers Attorney Retainer

Foreign Investors Guide

A comprehensive guide for Foreign buyers seeking to invest in New York City real estate.