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.
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.
Bankruptcy can stop eviction
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