Nonpayment of rent
This in the most common type of housing court proceeding. If your tenant has stopped paying rent, you must not delay in starting a case for nonpayment. I have experience with all kinds of tenants, including Section 8 NYCHA, co-ops and condominiums, and market rate tenants. I can help you get the fastest results in court, whether full payment of the rent due or eviction of the tenant.
Holdovers: breach of lease, expiration of lease, nuisance, chronic nonpayment, etc
A holdover proceeding is brought when you want to remove your tenant and regain possession of your apartment. Depending on the circumstances, tenant's lease status, and the apartment's regulatory status (rent stabilized), there may be several ways to remove a tenant. If your tenant is causing damage to the apartment or problems for neighbors, you will need to start a case for nuisance. If your tenant continually pays you rent late, you may be able to evict them for chronic nonpayment. Call or email me to discuss options for a holdover matter!
Commercial landlord-tenant cases
Both of the above types of proceedings also apply to commercial properties (stores, offices, etc). Generally, both parties in commercial cases will be required to be represented by an attorney. I have represented many commercial landlords and tenants at affordable rates.
HP cases - heat & hot water, repairs and ECB hearings
The Department of Housing Preservation and Development (DHPD or HPD) issues violations against apartments if there are repairs needed at the time of inspection. DHPD will then take a landlord to court, seeking monetary fines. I can defend you and get the minimum penalty for the situation. DHPD takes landlords to court for lack of heat and/or hot water during "Heat Season" (October 1 through May 31 of each year), as well as for outstanding repairs in all areas of the building. If you are facing an HP case, you should get legal assistance to ensure that you can minimize your liability. Similarly, the Environmental Control Board (ECB) issues violations for construction, water, fire prevention, and other building matters. It is possible to negotiate down fines with ECB, but you must have an experienced representative to help you achieve the result. Call me to discuss your options.
In New York City, it is illegal to use "self-help" to evict a tenant. A tenant may only be evicted by a City Marshal or a Sheriff pursuant to a court order. If you have been removed from your apartment by anyone other than a City Marshal with a valid warrant of eviction, or if your tenant is accusing you of this, I can help you. Illegal lockout proceedings are more dangerous than most housing cases, as landlords can be fined triple the tenant's damages if there is malicious intent.
Ejectments - illegal apartments, de facto multiple dwellings
There are certain kinds of evictions that cannot be achieved in housing court - if your tenant lives in an illegal apartment, such as an illegal conversion in a private house, or illegal renting of rooms, you may not be able to evict them in a holdover proceeding. You will need to start an ejectment proceeding in Civil or Supreme court. These cases must be filed properly and must clearly state the reason an ejectment is needed. I have handled many ejectment matters and can provide you with the legal skill to remove your tenants.
Small Claims, Civil & Supreme Court
There are several reasons you might find yourself in small claims court. If you are seeking the rent from a tenant who has moved, or who has been evicted, you will not be able to sue them in housing court. You will have to bring a proceeding in small claims court if the amount is $5,000 or less, or in Civil Court if it is over $5,000. Landlords may also sue for late charges, washing machine charges, legal fees, etc., as these are often not collectible in housing court. A tenant may also sue a landlord for damages relating to repairs, or stemming from an eviction, or perhaps due to an injury alleged to have occurred on the property.
Drafting and review of residential & commercial leases
A lease is a contract. Each term is binding upon all parties who have signed it. It is very important to ensure that your lease protects your rights, whether you are the landlord or the tenant. I can review a lease that you have been offered, or draft a lease that suits your needs. I will make sure that you are not signing away your rights, or agreeing to something that can hurt your interests.
I represent both landlords and tenants, and I have experience from both sides. I appear in every borough on a regular basis.
I offer FREE consultations!
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