Tenant Rights Attorneys
Tenant Rights- We represent tenants and protect and enforce Tenants’ numerous rights concerning the services to which they are legally entitled and 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 their apartment. Tenants have the right to remain in their apartment unless they are ordered out by a judge after a trial or hearing.
There are basically four 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 currently in effect 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.
We are very experienced Tenant Rights Attorneys and have successfully represented tenants in thousands of Landlord and Tenant Court eviction proceedings. We offer complimentary consultations. Please contact our office at 212-921-1600 to schedule a complimentary no-obligation consultation.
TEXT OF REAL PROPERTY LAW SECTION 235-b THE WARRANTY OF HABITABILITY.
1. In every written or oral lease or rental agreement for
residential premises the landlord or lessor shall be deemed
to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common
with other tenants or residents are fit for human habitation
and for the uses reasonably intended by the parties and that
the occupants of such premises shall not be subjected to any
conditions which would be dangerous, hazardous or
detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the tenant or
lessee or persons under his direction or control, it shall
not constitute a breach of such covenants and warranties.
2. Any agreement by a lessee or tenant of a dwelling waiving or
modifying his rights as set forth in this section shall be
void as contrary to public policy.
3. In determining the amount of damages sustained by a tenant
as a result of a breach of the warranty set forth in the
section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot
be cured by reason of a strike or other labor dispute
which is not caused primarily by the individual
landlord or lessor and such damages are attributable to
such strike, exclude recovery to such extent, except to
the extent of the net savings, if any, to the landlord
or lessor by reason of such strike or labor dispute
allocable to the tenant’s premises, provided, however,
that the landlord or lesser has made a good faith
attempt, where practicable, to cure the breach.
